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Supreme Court
Martin Jongwe v (1) National Foods Limited (2) Labour Court (Hon Kabasa J)
SC 73/21
Case Details
Court
Supreme Court
Date
10 June 2021
Citation
SC 73/21
Neutral Citation
[2021] ZWSC 73
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GUVAVA JA
Author
CHITAKUNYE AJA
Full Bench
GUVAVA JAUCHENA JACHITAKUNYE AJA
Areas of Law
Labour lawCivil procedure
Keywords
constructive dismissalarbitral awardcondonationreviewprocedural compliance
Tags
condonationextension of timereview applicationlabour dispute
legislation
Statutes Cited
- Labour Act
- Labour Act
- High Court Rules, 1971
- Supreme Court Rules, 2018
- Supreme Court Rules, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the notice of appeal is fatally defective for seeking relief different from that sought in court a quo","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of appeal sought setting aside of Labour Court judgments instead of condonation for late review application"}
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background
Facts of the Case
Background
The appellant, an employee of National Foods Limited, disputed a transfer from Bulawayo to Harare in 2005. After arbitration and various court proceedings, he sought to review a Labour Court judgment dismissing his application for constructive dismissal damages, but filed the review application more than 8 months late without condonation. The High Court dismissed his subsequent application for condonation and extension of time.
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