Reagan Mashavave v Agence France Presse (AFP)

[2021] ZWLC 164

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Case Details

Court

Labour Court

Date

23 June 2021

Citation

[2021] ZWLC 164

Judgment No.

LC/H/164/2021

Outcome

unknown

Case Type

Application

Bench

Presiding

Kachambwa J

Full Bench

Kachambwa J

Areas of Law

Labour lawCivil procedure

Keywords

condonationrescission of judgmentRule 32Practice Direction No. 3 of 2013common mistake

Key Issues

{"issue_text":"Whether Rule 32 applies to an application for condonation brought improperly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed nine months late under Rule 32"}
{"issue_text":"Whether Practice Direction No. 3 of 2013 applies to the Labour Court","issue_type":"procedural","dispositive":"no","related_facts":"Labour Court described as court of record not superior court"}
{"issue_text":"Whether failure to file copy of intended rescission application is fatal","issue_type":"procedural","dispositive":"yes","related_facts":"No copy of intended application filed"}

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background

Facts of the Case

Background

The applicant sought condonation for late filing of an application for rescission of judgment after his earlier review application was struck off the roll in November 2019 for failure to prove service. Nine months later, he filed the present application under Rule 32 of the Labour Court Rules, 2017, which the respondent opposed on multiple procedural grounds.

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