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Supreme Court

Muriel Mandengu and Twelve Ors v Shearwater Adventures Private Limited and Zambezi Helicopters Company Private Limited

SC 48/25

Case Details

Court
Supreme Court
Date
13 June 2025
Citation
SC 48/25
Neutral Citation
[2025] ZWSC 48
Outcome
unknown
Case Type
Application

Bench

Presiding
MATHONSI JA
Full Bench
GUVAVA JAMAKONI JAMATHONSI JA
Areas of Law
Labour LawCivil Procedure
Keywords
condonationlate filingleave to appealretrenchmentworks council
Tags
condonationleave to appeallabour disputeretrenchment
legislation
Statutes Cited
  • Labour Act
  • Supreme Court Rules, 2025
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the composite application for condonation of late filing of application for leave to appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed out of time, conflicting judgments from single judges"}
  • {"issue_text":"Whether there are reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Labour Court judgment contradictory, granted appeal despite finding retrenchment unlawful"}
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background
Facts of the Case

Background

Former employees of two tourism companies challenged their retrenchment process and package. The Labour Court found the retrenchment unlawful due to improperly constituted works council but strangely granted the employers' appeal. The employees sought correction of this contradictory judgment, leading to a series of procedural applications.
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