Emson Mandizvidza v Grain Marketing Board & 3 Others

JUDGMENT NO. LC/H/279/20

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Case Details

Court

Labour Court

Date

18 November 2020

Citation

JUDGMENT NO. LC/H/279/20

Neutral Citation

[2020] ZWLC 279

Judgment No.

LC/H/279/20

Outcome

unknown

Case Type

Application

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour LawAdministrative LawCivil Procedure

Keywords

condonationlate filingreview applicationdisciplinary proceedingsinordinate delayprescription

Key Issues

{"issue_text":"Whether the application for condonation should be granted given the inordinate delay","issue_type":"procedural","dispositive":"yes","related_facts":"6-7 year delay between disciplinary proceedings and application filing"}
{"issue_text":"Whether the preliminary point of prescription was valid","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's reliance on Section 15(d) of Prescription Act"}
{"issue_text":"Whether the application was properly constituted","issue_type":"procedural","dispositive":"yes","related_facts":"Dual application for condonation and review in one proceeding"}

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background

Facts of the Case

Background

Applicant Emson Mandizvidza was subject to disciplinary proceedings in 2013, found guilty of misconduct, and appealed the decision. The Appeal Committee upheld the disciplinary verdict in December 2013. Applicant filed an application for condonation of late filing of review application in July 2020, approximately 6-7 years after the disciplinary proceedings concluded.

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