Leopard Rock Hotel v George Nyagondore

LC/MC/39/2013

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Case Details

Court

Labour Court

Date

8 November 2013

Citation

LC/MC/39/2013

Neutral Citation

[2013] ZWLC 39

Outcome

unknown

Case Type

Application

Bench

Presiding

P. Muzofa

Full Bench

P. Muzofa

Areas of Law

Labour lawRescission of judgmentsConsent judgments

Keywords

rescissionconsent judgmentfraudreinstatementresignationcasino licencemitigation of damages

Key Issues

{"issue_text":"Whether the application for rescission was properly before the court given it was filed out of time without condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 8 months late on 19 July 2013"}
{"issue_text":"Whether the consent judgment was obtained by fraud through non-disclosure of respondent's casino operations","issue_type":"mixed","dispositive":"no","related_facts":"Respondent's resignation letter mentioning casino operations"}

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background

Facts of the Case

Background

The applicant sought rescission of a consent judgment entered on 1 October 2012 which had reinstated the respondent and awarded him damages. The respondent resigned on 21 November 2012 stating he was running a casino since his dismissal. The applicant alleged this showed the respondent was gainfully employed and had fraudulently obtained the consent judgment.

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