FBC Bank Limited v Dumisani Nkomo

[2013] ZWLC 263

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Case Details

Court

Labour Court

Date

12 June 2013

Citation

[2013] ZWLC 263

Judgment No.

LC/H/263/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour lawEmployment disputesProcedural compliance

Keywords

Time limitsService of appeal decisionOnus of proofLabour officer referral

Key Issues

{"issue_text":"Whether the appellant discharged the onus of proving that the appeal decision was served on 15 April 2010","issue_type":"mixed","dispositive":"yes","related_facts":"Email evidence from Tarunga stating \"15/04/2010\""}
{"issue_text":"Whether the respondent's referral to Labour Officer on 6 May 2010 was within the seven working days prescribed by section 8(6) of the Code","issue_type":"procedural","dispositive":"yes","related_facts":"Disputed service dates of 15 April vs 28 April 2010"}

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background

Facts of the Case

Background

The dispute concerned whether the respondent's referral of his dismissal appeal to a Labour Officer was filed within the seven working days prescribed by law, hinging on whether he received the appeal decision on 15 April 2010 (as claimed by appellant) or 28 April 2010 (as claimed by respondent).

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