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Labour Court

CMED (PVT) LTD v Calisto Maniki

[2014] ZWLC 382

Case Details

Court
Labour Court
Date
4 July 2014
Citation
[2014] ZWLC 382
Judgment No.
LC/H/382/14
Outcome
unknown
Case Type
Application

Bench

Presiding
P Muzofa
Full Bench
P Muzofa
Areas of Law
Labour lawCivil procedure
Keywords
Leave to appealPrescriptionHeads of argumentBar upliftment
Tags
Leave to appealPrescriptionLabour dispute
legislation
Statutes Cited
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant was barred for failure to file heads of argument timeously and whether the bar should be uplifted","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed heads late on 23 May 2014, both parties appeared on 27 May 2014"}
  • {"issue_text":"Whether the applicant has prospects of success on appeal regarding the interpretation of section 94 (3) (a) and (b) of the Labour Act on prescription","issue_type":"law","dispositive":"yes","related_facts":"Dispute arose when applicant discovered offence, court's finding on when dispute arose"}
  • {"issue_text":"Whether the other grounds of appeal raise questions of law","issue_type":"law","dispositive":"no","related_facts":"First ground based on High Court order not before court, second ground on arbitrator's order, fifth to seventh grounds challenge factual findings"}
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background
Facts of the Case

Background

CMED (PVT) LTD applied for leave to appeal to the Supreme Court against a Labour Court decision. The respondent raised a preliminary point that the applicant was barred for failing to file heads of argument timeously, but the court uplifted the bar. The application for leave to appeal was granted on the basis that the applicant's argument on prescription had prospects of success.
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