Nyenga Oncemore Machuwair v Civil Service Commission & Anor (Minister of Home Affairs N.O)

[2016] ZWLC 300

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Case Details

Court

Labour Court

Date

13 May 2016

Citation

[2016] ZWLC 300

Judgment No.

LC/H/300/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

D L Hove J

Full Bench

D L Hove J

Areas of Law

Labour LawPublic Service LawCivil Procedure

Keywords

Appeal out of timeProcedural groundsReview vs AppealPublic Service Regulations

Key Issues

{"issue_text":"Whether procedural issues can be raised in an appeal or must be brought by way of review","issue_type":"procedural","dispositive":"no","related_facts":"Grounds 1, 2 and 4 challenged procedural aspects"}
{"issue_text":"Whether the appeal was out of time under Public Service Regulations","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal filed 28 days after receipt of determination"}

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background

Facts of the Case

Background

The appellant appealed against a decision of the Civil Service Commission. The respondent raised preliminary objections that the appeal was out of time and that some grounds were procedural and should have been brought by way of review rather than appeal.

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