Shepherd Chipunza v Hammer & Tongues Auctioneers

SC 97/23

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Case Details

Court

Supreme Court

Date

29 September 2023

Citation

SC 97/23

Neutral Citation

[2023] ZWSC 97

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHITAKUNYE JA

Full Bench

BHUNU JAMATHONSI JACHITAKUNYE JA

Areas of Law

Labour LawCivil Procedure

Keywords

condonationlate filingprescriptionlabour officer jurisdictiondisciplinary proceedings

Key Issues

{"issue_text":"Whether the court a quo erred in finding that the appellant's cause of action had prescribed and such prescription had not been interrupted by the judicial process undertaken","issue_type":"procedural","dispositive":"yes","related_facts":"Disciplinary determination made February 2015, condonation application filed over 6 years later, previous proceedings nullified by Supreme Court"}

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background

Facts of the Case

Background

The appellant was dismissed from employment in 2015 after disciplinary proceedings. He pursued various legal remedies through labour officers and arbitration which were later nullified by the Supreme Court in 2021. He then sought condonation to file a review application out of time, which the Labour Court dismissed on prescription grounds.

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