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Labour Court

Misheck Dembaremba v Stuttafords Removals (Pvt) Ltd

LC/H/189/2021

Case Details

Court
Labour Court
Date
22 October 2021
Citation
LC/H/189/2021
Neutral Citation
[2021] ZWLC 189
Outcome
unknown
Case Type
Condonation

Bench

Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour lawCivil procedure
Keywords
CondonationLate notingReview applicationFounding affidavitLC5 formDraft notice
Tags
CondonationReview applicationProcedural defect
legislation
Statutes Cited
  • Labour Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a condonation application for late noting of review based on a draft notice of review without a founding affidavit is properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant's condonation application was based on a draft notice of review without a founding affidavit; LC5 form requires a founding affidavit"}
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background
Facts of the Case

Background

The applicant employee filed a condonation application for late noting of a review application. The respondent employer opposed the condonation and raised a point in limine arguing that the condonation application is defective because it is based on a draft notice of review that lacks a founding affidavit as required by LC5 form and rule 22(2).
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