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Labour Court
L. Nyangawo and 13 Others v Cutrag Processing
[2013] ZWLC 189
Case Details
Court
Labour Court
Date
15 May 2013
Citation
[2013] ZWLC 189
Judgment No.
LC/H/189/2013
Outcome
unknown
Case Type
Application
Bench
Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour lawProcedural law
Keywords
rescissiondefault judgmentcondonationForm LCILabour Court Rules
Tags
rescission of judgmentdefault judgmentcondonationprocedural compliance
legislation
Statutes Cited
- Labour Court Rules, Rule 14(i)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for rescission should be granted despite non-compliance with Form LCI","issue_type":"procedural","dispositive":"no","related_facts":"Application not in Form LCI, no accompanying application for condonation for non-compliance"}
- {"issue_text":"Whether applicants were in wilful default","issue_type":"factual","dispositive":"no","related_facts":"Notice served at wrong address, trade union had changed address"}
- {"issue_text":"Whether applicants have prospects of success on merits","issue_type":"mixed","dispositive":"yes","related_facts":"Challenge to selective disciplinary process, discrimination against Workers' Committee members"}
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background
Facts of the Case
Background
The Labour Court granted a default judgment against 14 employees on 23 September 2009. The employees simultaneously filed applications for condonation and rescission on 14 July 2010, explaining they had missed the set-down date because notice was served at their trade union's old address rather than their current one at 13A Simon Mazaredze Road.
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