David Nyamukondiwa v Biddulphs Removals and Storage

[2014] ZWLC 646

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Case Details

Court

Labour Court

Date

18 August 2014

Citation

[2014] ZWLC 646

Judgment No.

LC/H/646/2014

Outcome

unknown

Case Type

Application

Bench

Presiding

E. Muchawa

Full Bench

E. Muchawa

Areas of Law

Labour LawEmployment Contracts

Keywords

rescissiondefault judgmentfixed term contractpermanent employmentquantification

Key Issues

{"issue_text":"Whether applicant has tendered a good and sufficient cause for the default","issue_type":"procedural","dispositive":"no","related_facts":"Notice of set down was misplaced by administrative secretary"}
{"issue_text":"Whether applicant has prospects of success on the merits of quantification","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claims to be permanent employee entitled to three years' salary"}

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background

Facts of the Case

Background

The applicant, who was dismissed from fixed-term employment in July 2012, successfully appealed against his dismissal and was awarded reinstatement or damages in lieu. When the matter came for quantification of damages, the applicant defaulted despite proper service, and the court awarded him only $198.70 being wages for the remainder of his contract period, against his claim of $13,239.75. He now seeks rescission of that judgment.

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