Ulink Freight (Pvt) Ltd v C. Mahamba & C. Moyo

JUDGMENT NO. LC/H/289/24

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Case Details

Court

Labour Court

Date

7 May 2024

Citation

JUDGMENT NO. LC/H/289/24

Neutral Citation

[2024] ZWLC 289

Judgment No.

LC/H/289/24

Outcome

unknown

Case Type

Condonation

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour LawCivil Procedure

Keywords

Late filingReview applicationCertificate of no settlementHoneymoonAnnual shutdown

Key Issues

{"issue_text":"Whether the applicant should be granted condonation for late filing of the review application","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of 25 days, reason for delay, prospects of success"}
{"issue_text":"Whether the explanation for the delay is reasonable","issue_type":"fact","dispositive":"yes","related_facts":"Legal practitioner on honeymoon and firm shutdown"}
{"issue_text":"Whether the applicant has good prospects of success on the merits","issue_type":"law","dispositive":"yes","related_facts":"2nd respondent's failure to issue certificate of no settlement"}

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background

Facts of the Case

Background

The applicant received a decision on 22 November 2023 and was required to file a review application within 21 days by 21 December 2023. The application was filed on 15 January 2024, 25 days late. The delay was attributed to the legal practitioner being on honeymoon and the law firm's annual shutdown in December 2023. The applicant alleged the 21-day period expired on 22 December 2023, a public holiday, which the court found to be incorrect and misleading.

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