Public Service Commission v Wilson Muyanga

[2013] ZWLC 103

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Case Details

Court

Labour Court

Date

16 November 2012

Citation

[2013] ZWLC 103

Judgment No.

LC/H/103/2013

Outcome

unknown

Case Type

Application

Bench

Presiding

L. Kudya

Full Bench

L. Kudya

Areas of Law

Labour lawPublic service employmentRescission of judgment

Keywords

dismissalcriminal convictionimprisonmentsection 63section 47rescissiondefault judgment

Key Issues

{"issue_text":"Whether President Makamure's judgment should be rescinded for patent error","issue_type":"procedural","dispositive":"yes","related_facts":"President Makamure dismissed rescission application believing no heads of argument were filed when they were in the record"}
{"issue_text":"Whether President Mutema's default judgment should be rescinded","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to appear at hearing due to counsel's travel commitments"}
{"issue_text":"Whether respondent was properly dismissed under section 63 without disciplinary hearing","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent convicted and sentenced to effective imprisonment term"}

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Facts of the Case

Background

The respondent, a public service employee, was dismissed after being convicted and sentenced to 18 months imprisonment for defeating the course of justice. Multiple rescission applications were filed regarding default judgments entered in previous proceedings.

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