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Case Details
Court
Labour Court
Date
30 January 2013
Citation
LC/H/27/13
Neutral Citation
[2013] ZWLC 27
Outcome
unknown
Case Type
Appeal
Bench
Presiding
E.F. Ndewere
Full Bench
E.F. Ndewere
Areas of Law
Labour LawPrescription
Keywords
unfair dismissalprescriptionlabour disputeappeal
Tags
prescriptionunfair labour practicedismissalappeal
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent's case had prescribed under Section 94 of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Dismissal on 5 April 2006, referral on 4 February 2011"}
- {"issue_text":"Whether the alleged appeal letter interrupted prescription","issue_type":"mixed","dispositive":"no","related_facts":"Annexure C photocopy, no original found"}
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background
Facts of the Case
Background
The respondent was dismissed on 5 April 2006 for absence without reasonable cause. He allegedly referred his case to the National Employment Council on 4 February 2011, nearly 5 years later, claiming unfair labour practice. The appellant raised prescription as a defence under Section 94 of the Labour Act.
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