Fidelity Life Assurance v Samson Chishamba

[2013] ZWLC 217

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Case Details

Court

Labour Court

Date

23 May 2013

Citation

[2013] ZWLC 217

Judgment No.

LC/H/217/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour LawCivil Procedure

Keywords

Heads of ArgumentsRule 19BarCondonationLabour Court Rules

Key Issues

{"issue_text":"Whether a party who has failed to file Heads of Arguments timeously under Rule 19(1) can still be heard on the merits despite being barred under Rule 19(3)(b)","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to file Heads of Arguments, no application under Rule 19(3)(a)"}

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background

Facts of the Case

Background

The appellant's legal practitioners failed to file Heads of Arguments timeously in terms of Rule 19 of the Labour Court Rules. The respondent raised this as a preliminary issue. The appellant argued that the operation of the bar is not automatic and that they could still be heard on the merits despite being barred.

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