GENERAL ENGINEERS, ENGINEERING MAINTENANCE AND CIVIL ENGINEERING WORKERS UNION v STEELBRANDS (PRIVATE) LIMITED

LC/H/164/24

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Case Details

Court

Labour Court

Date

22 January 2024

Citation

LC/H/164/24

Neutral Citation

[2024] ZWLC 164

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour lawCivil procedure

Keywords

Points in limineNotice of ResponseForm LC 2Board resolutionUnion dues

Key Issues

{"issue_text":"Whether Notice of Response is fatally defective for want of an opposing affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Notice filed without affidavit, Rule 19(2)a requirement"}
{"issue_text":"Whether respondent is barred for failure to file heads of argument","issue_type":"procedural","dispositive":"no","related_facts":"No separate heads filed, respondent claimed notice was its argument"}
{"issue_text":"Whether respondent's representative has necessary authority","issue_type":"procedural","dispositive":"yes","related_facts":"Only General Manager letter produced, no board resolution"}
{"issue_text":"Whether Notice of Response is defective for want of form","issue_type":"procedural","dispositive":"yes","related_facts":"Form LC 2 not used"}

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background

Facts of the Case

Background

The appellant union appealed against the respondent company, and the respondent filed a Notice of Response on 9 November 2023. The appellant raised four points in limine challenging the validity of the response, including failure to attach an opposing affidavit, failure to file heads of argument, lack of proper authority for the representative, and defective form.

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