Musa Manyika v Leabridge Investments (Pvt) Ltd

SC 97/22

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Case Details

Court

Supreme Court

Date

11 August 2022

Citation

SC 97/22

Neutral Citation

[2022] ZWSC 97

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Hlatshwayo JA

Full Bench

Gwaunza DCJHlatshwayo JAMakoni JA

Areas of Law

Labour LawCivil Procedure

Keywords

rescissiondefault judgmentwilful defaultdisciplinary hearingreinstatement

Key Issues

{"issue_text":"Whether the Labour Court erred in holding that the respondent was not in wilful default","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's legal practitioners did not file heads of argument; service was at business premises instead of legal practitioners' address; no notice of assumption of agency filed"}
{"issue_text":"Whether the Labour Court erred in holding that the respondent had a bona fide defence on the merits regarding the inclusion of paragraph 2 concerning charge 3","issue_type":"procedural","dispositive":"yes","related_facts":"Application for review filed on 16 December 2014; charge 3 hearing commenced 17 December 2014; paragraph 2 ordered remittal for hearing de novo"}

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Facts of the Case

Background

Appellant employee challenged disciplinary proceedings and obtained default judgment quashing proceedings and ordering reinstatement. Respondent successfully applied for partial rescission, arguing no wilful default and patent error regarding third charge. Appeal dismissed.

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