Mhandu Badza v Grain Marketing Board

[2016] ZWLC 360

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Case Details

Court

Labour Court

Date

10 June 2016

Citation

[2016] ZWLC 360

Judgment No.

LC/H/360/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour lawCivil procedure

Keywords

condonationheads of argumentlate filingappeal groundsreview vs appeal

Key Issues

{"issue_text":"Should the appellant's late filing of heads of argument be condoned?","issue_type":"procedural","dispositive":"no","related_facts":"Appellant filed 102 days late; explained delay due to inability to pay attorney fees; appellant was dismissed from employment"}
{"issue_text":"Are grounds 1 and 2 of the appeal properly framed as appeal grounds or do they constitute review matters?","issue_type":"procedural","dispositive":"yes","related_facts":"Ground 1 complains about denial of legal representation; Ground 2 complains about proceedings conducted in appellant's absence"}

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Facts of the Case

Background

The appellant, Mhandu Badza, filed an appeal to the Labour Court against the Grain Marketing Board. She filed her heads of argument late, 30 July 2015 instead of within 14 days of receiving the respondent's response on 20 April 2015. The respondent raised two points in limine: that the appellant was barred for late filing, and that grounds 1 and 2 of the appeal improperly raised review matters rather than appeal issues.

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