Brian Malgas v Newworld Property Managers

[2013] ZWLC 681

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Case Details

Court

Labour Court

Date

24 September 2013

Citation

[2013] ZWLC 681

Judgment No.

LC/H/681/13

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Labour lawProcedural complianceRepresentation rights

Keywords

DismissalCode of conductAppeal procedureLocus standiCondonation

Key Issues

{"issue_text":"Whether respondent's failure to file response in terms of Rule 15(2) bars it from opposing the appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent failed to file response within 14 days"}
{"issue_text":"Whether respondent's consultant has locus standi to represent respondent in Labour Court","issue_type":"procedural","dispositive":"yes","related_facts":"Representative employed by sister company under consultancy contract"}

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background

Facts of the Case

Background

The appellant, a general hand employed by the respondent, was dismissed for breaching the Industry Code of Conduct. After exhausting internal appeals, the National Employment Council upheld his dismissal. He appealed to the Labour Court, where two procedural points in limine were raised.

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