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Supreme Court
Gershom Mubingi v The Zimbabwe Bata Shoe Company
[2023] ZWSC 115
Case Details
Court
Supreme Court
Date
30 October 2023
Citation
[2023] ZWSC 115
Judgment No.
SC 115/23
Outcome
unknown
Case Type
Application
Bench
Presiding
Uchena JA
Full Bench
Uchena JA
Areas of Law
Labour lawEmployment lawAdministrative justice
Keywords
DismissalAppeal hearingCode of conductProcedural irregularityNatural justice
Tags
Leave to appealLabour reviewProcedural fairnessNatural justice
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the intended appeal raises questions of law","issue_type":"law","dispositive":"no","related_facts":"Applicant's grounds of appeal attack court's legal findings"}
- {"issue_text":"Whether applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Court a quo dismissed review on procedural grounds without addressing substantive fairness"}
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background
Facts of the Case
Background
Employee dismissed in 2012 after disciplinary hearing for absenteeism and fraud. Appeal to employer's appeals authority allegedly never heard despite numerous follow-ups over 10 years. Employee applied for Labour Court review of dismissal, which was dismissed on merits. Employee now seeks leave to appeal to Supreme Court.
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