Biggy Tsopo v National Employment Council for the Engineering Iron and Steel Industry

[2014] ZWLC 110

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Case Details

Court

Labour Court

Date

28 February 2014

Citation

[2014] ZWLC 110

Judgment No.

LC/H/110/2014

Outcome

unknown

Case Type

Application

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour lawCivil procedure

Keywords

condonationlate filingheads of argumentlabour court rulesself-actorsubstantial compliance

Key Issues

{"issue_text":"Whether the provisions of Rule 14 (2) (a) are peremptory or merely directory","issue_type":"procedural","dispositive":"no","related_facts":"Respondent filed Notice of Opposition instead of Notice of Response in Form LC2"}
{"issue_text":"Whether applicant should be granted condonation for late filing of heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"Heads filed 55 days late; respondent filed incorrect form; applicant on suspension"}

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Facts of the Case

Background

Applicant filed an application for review and later filed heads of argument 55 days late. Respondent opposed on grounds of non-compliance with Rule 19(1)(a). Applicant argued respondent had not filed proper notice of response per Rule 14(2)(a), so obligation to file heads never arose. Court found respondent's notice of opposition constituted substantial compliance and granted condonation.

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