constructive dismissalrescission of default judgmentprocedural compliance
legislation
Statutes Cited
Labour Act [Chapter 28:01]
Labour Act [Chapter 28:01]
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether an application for rescission filed outside the 21-day period prescribed by Rule 40 without condonation is properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed after 21 days, no condonation sought"}
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background
Facts of the Case
Background
Applicant sought rescission of a default order dismissing his constructive dismissal application, having failed to appear at the original hearing due to his legal practitioner's error. The application was filed outside the 21-day period prescribed by Rule 40 without seeking condonation.
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