Munyaradzi Guvamombe v Consolidated Farming Investments Limited t/a Farm & City Centre

[2016] ZWLC 577

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Case Details

Court

Labour Court

Date

23 September 2016

Citation

[2016] ZWLC 577

Judgment No.

LC/H/577/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

E T Muchawa J

Full Bench

E T Muchawa J

Areas of Law

Labour lawRescission of judgmentEmployment contracts

Keywords

rescissiondefault judgmentrepudiationalternative employmentdismissal

Key Issues

{"issue_text":"Whether the applicant has provided a reasonable explanation for his default in attending the appeal hearing","issue_type":"procedural","dispositive":"yes","related_facts":"Legal practitioner renounced agency on 19 January; Applicant claims he was advised not to attend; Applicant approached court only on 3 February"}
{"issue_text":"Whether the applicant has prospects of success in his defence to the appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant obtained alternative employment; Repudiation argument; Arbitrator's findings on dismissal penalty"}
{"issue_text":"Whether the application for rescission is bona fide","issue_type":"procedural","dispositive":"yes","related_facts":"All circumstances including explanation and prospects of success"}

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Facts of the Case

Background

The applicant, a former assistant accountant, was dismissed for misconduct in August 2014. After internal appeals failed, an arbitrator reversed the dismissal and ordered reinstatement. The respondent appealed to the Labour Court, and when the applicant failed to attend the hearing on 20 January 2016, default judgment was granted in the respondent's favour. The applicant now seeks rescission of that default judgment.

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