Stanbic Bank v Taazadza Munhumutema

[2020] ZWSC 76

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Case Details

Court

Supreme Court

Date

2 November 2020

Citation

[2020] ZWSC 76

Judgment No.

SC 76/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BHUNU JA

Full Bench

MAKARAU JABHUNU JAMAKONI JA

Areas of Law

Labour lawEmployment law

Keywords

ReinstatementDamagesCondonationFunctus officioLabour Court jurisdiction

Key Issues

{"issue_text":"Whether the Labour Court erred in granting condonation for late application to correct its judgment under section 92C","issue_type":"procedural","dispositive":"yes","related_facts":"14-year delay; defective judgment lacking damages alternative"}
{"issue_text":"Whether section 92C permits correction of a wrong judgment rather than merely patent errors","issue_type":"law","dispositive":"yes","related_facts":"Labour Court became functus officio after rendering judgment"}

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background

Facts of the Case

Background

The respondent was dismissed from employment in 1995 and successfully appealed to the Appeals Board which ordered reinstatement. The Labour Court confirmed this decision but failed to include an alternative order for damages in lieu of reinstatement as required by law. Fourteen years later, the respondent sought condonation to apply for correction of this defective judgment under section 92C of the Labour Act.

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