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Labour Court
Ntombizodwa Dube v Zimbabwe Construction and Allied Trade Workers Union
LC/H/350/16
Case Details
Court
Labour Court
Date
27 May 2016
Citation
LC/H/350/16
Neutral Citation
[2016] ZWLC 350
Outcome
unknown
Case Type
Application
Bench
Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Labour lawCivil procedure
Keywords
condonationrescissiondefault judgmentautomatic barres judicatameritsRule 19(3)(b)
Tags
condonationrescissiondefault judgmentautomatic barabuse of court process
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Is the application for rescission competent given that the 18 September 2013 order was a judgment on the merits and not a default judgment?","issue_type":"procedural","dispositive":"yes","related_facts":"Court heard submissions and set aside arbitral award after upholding bar"}
- {"issue_text":"Does res judicata bar the present upliftment application?","issue_type":"procedural","dispositive":"yes","related_facts":"Earlier upliftment application was refused on 18 September 2013"}
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background
Facts of the Case
Background
Applicant sought condonation for late filing of an application to rescind a 2013 judgment and uplift an automatic bar. The 2013 Labour Court appeal had upheld the bar and proceeded to hear the merits, setting aside an arbitral award. Applicant withdrew an earlier upliftment application in 2015 and filed the present combined application two years late.
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