Patrick Manjovha v Delta Beverages (Private) Limited

SC 64/21

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Case Details

Court

Supreme Court

Date

24 May 2021

Citation

SC 64/21

Neutral Citation

[2021] ZWSC 64

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Bhunu JA

Full Bench

Gwaunza DCJHlatshwayo JABhunu JA

Areas of Law

Labour LawCivil Procedure

Keywords

prescriptioncondonationemployment codelate appealLabour Court jurisdiction

Key Issues

{"issue_text":"Whether the appellant's cause of action had prescribed under the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant dismissed 29 January 2015, failed to prosecute appeal within 3-year period"}
{"issue_text":"Whether the Labour Court has jurisdiction to extend time limits set out in employment code of conduct","issue_type":"law","dispositive":"no","related_facts":"Employment code specified 14-day appeal period"}

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Facts of the Case

Background

The appellant, a truck driver/salesman employed by the respondent, was dismissed for theft on 29 January 2015. He failed to appeal within the 14-day period stipulated in the employment code, applied for and obtained condonation on 20 January 2016 but again failed to prosecute the appeal within the 7-day period granted. He approached the court 2 years later on 17 August 2018 with another condonation application which was dismissed on grounds of prescription.

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