Bindura University of Science Education v Norman Hadzirabwi

[2013] ZWLC 675

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Case Details

Court

Labour Court

Date

22 November 2013

Citation

[2013] ZWLC 675

Judgment No.

LC/H/675/13

Outcome

unknown

Case Type

Application

Bench

Presiding

F.C. Maxwell

Full Bench

F.C. Maxwell

Areas of Law

Labour lawCivil procedureRescission of judgment

Keywords

unfair dismissalfixed-term contractcontract expiryarbitrationappeal dismissalrescissiondefault judgmentRule 19

Key Issues

{"issue_text":"Whether appellant should have applied for rescission of judgment instead of reinstatement of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal dismissed for non-compliance with Rule 19; appellant applied for reinstatement instead of rescission"}
{"issue_text":"Whether the court can grant rescission when not specifically requested","issue_type":"procedural","dispositive":"no","related_facts":"Appellant asked court to regulate its own proceedings and order rescission"}

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Facts of the Case

Background

The respondent was employed as bursar under a fixed-term contract from 1 December 2003 to 30 November 2008. After contract expiry, he remained in post and signed several three-month contracts, the last lapsing on 28 February 2010. After interviews for the permanent post, another candidate was selected and respondent's contract was not renewed. He challenged this as unfair dismissal through arbitration, which ruled in his favour. The appellant's appeal was dismissed for non-compliance with Rule 19, and appellant then sought reinstatement of the appeal instead of rescission of the default judgment.

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