Dr. Cuthbert Elkanah Dube v Premier Service Medical Investments (Private) Limited

[2014] ZWLC 809

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Case Details

Court

Labour Court

Date

5 December 2014

Citation

[2014] ZWLC 809

Judgment No.

LC/H/809/14

Outcome

unknown

Case Type

Application

Bench

Presiding

G. Mhuri

Full Bench

G. Mhuri

Areas of Law

Labour lawCivil procedure

Keywords

rescissionRule 19heads of argumentunfair labour practicejurisdiction

Key Issues

{"issue_text":"Whether the applicant is entitled to rescission of the court's order dismissing his applications for review","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to file heads of argument timeously; order granted dismissing applications"}
{"issue_text":"Whether the Labour Court has jurisdiction to hear unfair labour practice claims as a court of first instance","issue_type":"jurisdictional","dispositive":"yes","related_facts":"Applicant claims unfair labour practice in withdrawal of salary and benefits"}
{"issue_text":"Whether the applicant was in wilful default in failing to file heads of argument timeously","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed heads 17+ days late; claims not wilful default"}

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Facts of the Case

Background

The applicant sought rescission of a court order dismissing his review applications for failure to file heads of argument timeously. He had filed review applications against respondent's withdrawal of his salary and benefits, failed to file heads within 14 days as required by Rule 19, and his applications were dismissed. He now seeks rescission claiming the judgment was technical and he has a good case on unfair labour practice.

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