Lowveld Rhino Trust v Senele Dhlomo-Bhala

[2014] ZWLC 229

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Case Details

Court

Labour Court

Date

11 April 2014

Citation

[2014] ZWLC 229

Judgment No.

LC/H/229/2014

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makamure J

Full Bench

Makamure J

Areas of Law

Labour lawCivil procedureConstitutional law

Keywords

Rule 15(1)(c)Rule 19(1)Non-complianceFair hearingConstitutional challenge

Key Issues

{"issue_text":"Whether non-compliance with Rule 15(1)(c) can be excused by constitutional provisions","issue_type":"procedural","dispositive":"yes","related_facts":"Deliberate non-compliance with service requirements"}
{"issue_text":"Whether non-compliance with Rule 19(1) can be excused by constitutional provisions","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to file heads of argument within prescribed period"}

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background

Facts of the Case

Background

The appellant appealed against an arbitral award but failed to comply with Rule 15(1)(c) and Rule 19(1) of the Labour Court Rules regarding service of documents and filing of heads of argument. The appellant's legal practitioner deliberately chose not to comply with these rules, claiming constitutional protection under sections 69 and 85 of the Constitution.

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