Zimbabwe Manpower Development v Albert Ndoro

JUDGMENT NO. LC/H/28/2016

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Case Details

Court

Labour Court

Date

15 January 2016

Citation

JUDGMENT NO. LC/H/28/2016

Neutral Citation

[2016] ZWLC 28

Judgment No.

LC/H/28/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

L. Kudya

Author

KUDYA, J

Full Bench

L. Kudya

Areas of Law

Labour LawCivil Procedure

Keywords

leave to appealpoint in liminepoints of lawLabour CourtSupreme Court

Key Issues

{"issue_text":"Whether the application for leave to appeal to the Supreme Court satisfies the twofold test for such applications","issue_type":"procedural","dispositive":"yes","related_facts":"The Labour Court's ruling on the point in limine and the employer's subsequent application for leave to appeal"}
{"issue_text":"Whether there is any point of law that the Superior Court will be called upon to address","issue_type":"law","dispositive":"yes","related_facts":"The employee raised issues about onus which is a legal point"}
{"issue_text":"Whether there is an arguably merited case on appeal","issue_type":"law","dispositive":"yes","related_facts":"The employer's grounds for seeking leave to appeal"}

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Facts of the Case

Background

The employer applied for leave to appeal to the Supreme Court against the Labour Court's ruling that the employee's appeal grounds raised points of law. The employer had previously raised a point in limine arguing the employee's appeal grounds did not constitute points of law, which was dismissed. The employee opposed the leave application, arguing it was a delay tactic.

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