Violet Masunda v Senzeni Tokoyo & Another

JUDGMENT NO. LC/H/195/25

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Case Details

Court

Labour Court

Date

27 May 2025

Citation

JUDGMENT NO. LC/H/195/25

Neutral Citation

[2025] ZWLC 195

Judgment No.

LC/H/195/25

Outcome

unknown

Case Type

Application

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour Law Civil Procedure

Keywords

leave to appealdefective notice of appealaudi alteram partemstriking off the rollSupreme Court

Key Issues

{"issue_text":"Whether a fatally defective Notice of Appeal that omits a substitutive order can be amended","issue_type":"law","dispositive":"yes","related_facts":"The notice of appeal was defective and the applicant conceded this"}
{"issue_text":"Whether an appeal can be disposed of without affording the parties a right to be heard","issue_type":"law","dispositive":"yes","related_facts":"The matter was determined in chambers without oral argument"}
{"issue_text":"Whether the applicant has demonstrated bona fide questions of law with reasonable prospects of success","issue_type":"law","dispositive":"yes","related_facts":"The applicant seeks leave to appeal to the Supreme Court"}

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background

Facts of the Case

Background

The respondents were domestic workers who were dismissed following theft accusations. An arbitrator ordered their reinstatement or payment of damages. The applicant appealed to the Labour Court, but the appeal was struck off the roll because the notice of appeal was defective for failing to specify a substitutive order. The applicant now seeks leave to appeal to the Supreme Court, arguing the defect could be cured and that she was denied a fair hearing.

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