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Labour Court
Getrude Sigauke v Minister of Primary and Secondary Education
[2021] ZWLC 157
Case Details
Court
Labour Court
Date
8 October 2021
Citation
[2021] ZWLC 157
Judgment No.
LC/H/157/2021
Outcome
unknown
Case Type
Application
Bench
Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawCivil procedure
Keywords
rescissionfunctus officiopatent errorfinal judgmentsection 92C
Tags
functus officiorescission applicationpatent errorcitation error
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Labour Court can rescind or vary its own decision made 12 years ago on the basis of a patent error in party citation","issue_type":"procedural","dispositive":"yes","related_facts":"Final judgment delivered in 2009; application made in 2021"}
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background
Facts of the Case
Background
The applicant was dismissed from employment in June 2004 and appealed to the Labour Court in 2005, losing the appeal. The Supreme Court struck the appeal off the roll due to incorrect citation of the respondent. In 2018, the applicant sought to vary the 2009 Labour Court judgment citing a patent error in party description.
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