Ester Gambakwe v Gain Cash and Carry

[2024] ZWLC

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Case Details

Court

Labour Court

Date

27 September 2024

Citation

[2024] ZWLC

Judgment No.

LC/H//2024

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Labour lawEmployment disciplinary proceedingsCondonation applications

Keywords

condonationlate appealdisciplinary dismissalprocedural irregularities

Key Issues

{"issue_text":"Whether condonation should be granted for late filing of appeal and review applications","issue_type":"procedural","dispositive":"yes","related_facts":"16-month delay, previous unsuccessful attempts to pursue appeal"}
{"issue_text":"Whether applicant has satisfied the requirements for condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Extent of delay, explanation provided, prospects of success"}

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background

Facts of the Case

Background

The applicant, a former operations executive at Gain Cash and Carry, was dismissed for misconduct including violation of standard operating procedures, creation of parallel structures, and poor staff management. After unsuccessful internal appeals, she attempted to appeal to the Labour Court but her appeal was dismissed for late filing of heads of argument. She now seeks condonation for late filing of both appeal and review applications, 16 months out of time.

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