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Labour Court
Pretty Makuni v Old Mutual Shared Services & Anor
[2021] ZWLC 196
Case Details
Court
Labour Court
Date
5 November 2021
Citation
[2021] ZWLC 196
Judgment No.
LC/H/196/2021
Outcome
unknown
Case Type
Condonation
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour lawCivil procedure
Keywords
condonationlate serviceheads of argumentanswering affidavitpoints in limine
Tags
condonationlate filingprocedural non-compliance
legislation
Statutes Cited
- Labour Court Rules, 2006 (SI 59 of 2006)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for condonation should be granted despite late service","issue_type":"procedural","dispositive":"yes","related_facts":"Application served out of time; delay blamed on secretary"}
- {"issue_text":"Whether an answering affidavit filed without court direction is valid","issue_type":"procedural","dispositive":"yes","related_facts":"Answering affidavit filed without court direction"}
- {"issue_text":"Whether failure to file heads of argument timeously warrants striking off","issue_type":"procedural","dispositive":"yes","related_facts":"Heads filed late; lawyer ill with COVID; another lawyer aware of matter"}
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background
Facts of the Case
Background
The applicant sought condonation for late filing of an appeal against her employer. The employer raised three points in limine: late service of the application, improper filing of an answering affidavit, and failure to file heads of argument. The court found all three points meritorious and struck the application off the roll.
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