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Labour Court

City of Harare v Cosmas Bengu

[2021] ZWLC 134

Case Details

Court
Labour Court
Date
10 September 2021
Citation
[2021] ZWLC 134
Judgment No.
LC/H/134/2021
Outcome
unknown
Case Type
Condonation

Bench

Presiding
B.S. Chidziva
Full Bench
B.S. Chidziva
Areas of Law
Labour LawAdministrative Law
Keywords
condonationlate filingappealnatural justiceright to be hearddisciplinary hearing
Tags
condonationlate filingnatural justiceright to be heard
legislation
Statutes Cited
  • None (no statute was quoted, interpreted, or applied)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether condonation should be granted for late filing of application for leave to appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed on 15 September 2020, judgment received 9 July 2020"}
  • {"issue_text":"Whether the explanation for late filing was reasonable","issue_type":"procedural","dispositive":"no","related_facts":"Law firm partner died of COVID-19, firm was closed"}
  • {"issue_text":"Whether the applicant has reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"no","related_facts":"Respondent allegedly forfeited right to be heard, unclear whether he waived right"}
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background
Facts of the Case

Background

The applicant, City of Harare, sought condonation for late filing of an application for leave to appeal against a Labour Court judgment. The respondent employee had been dismissed for absenteeism and dereliction of duty in 2010, with various appeals culminating in an arbitrator's award ordering reinstatement or damages, which the City sought to appeal.
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