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Labour Court
Civil Aviation Authority of Zimbabwe v Tapfumanei Mudzengerere and 122 Others
[2016] ZWLC 790
Case Details
Court
Labour Court
Date
16 December 2016
Citation
[2016] ZWLC 790
Judgment No.
LC/H/790/2016
Outcome
unknown
Case Type
Application
Bench
Presiding
R.F. Manyangadze
Full Bench
R.F. Manyangadze
Areas of Law
Labour lawCivil procedure
Keywords
RescissionDefault judgmentHeads of argumentDaily allowanceDRC deployment
Tags
Rescission of judgmentDefault judgmentDaily allowancesSecondment
legislation
Statutes Cited
- Contractual Penalties Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established good and sufficient cause for rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Heads of argument misfiled due to typographical error; default judgment entered for want of prosecution"}
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background
Facts of the Case
Background
The applicant, Civil Aviation Authority of Zimbabwe, employed the respondents as firefighters who were deployed to the Democratic Republic of Congo between 1999 and 2004. A dispute arose regarding their daily allowance rate, with respondents claiming US$250 per day while applicant offered US$20. After arbitration awards favoured the respondents for over US$3 million, the applicant's appeal was dismissed for want of prosecution due to misfiling of heads of argument, leading to this rescission application.
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