Sondiwa Matema & 4 Ors v Kefalos Cheese Products (Pvt) Ltd

[2016] ZWLC 297

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Case Details

Court

Labour Court

Date

18 March 2016

Citation

[2016] ZWLC 297

Judgment No.

LC/H/297/16

Outcome

unknown

Case Type

Application

Bench

Presiding

E. Muchawa

Full Bench

E. Muchawa

Areas of Law

Labour lawCivil procedure

Keywords

rescissiondefault judgmentwilful defaultNEC AgricultureNEC Food and Allied Industries

Key Issues

{"issue_text":"Whether the applicants provided a reasonable explanation for their default","issue_type":"procedural","dispositive":"yes","related_facts":"Late filing of heads of argument; claim of inability to pay legal fees"}
{"issue_text":"Whether the application for rescission was made in good faith","issue_type":"procedural","dispositive":"yes","related_facts":"Continued representation by same legal practitioners; subsequent self-acting"}
{"issue_text":"Whether the appeal had prospects of success on merits","issue_type":"mixed","dispositive":"yes","related_facts":"NEC jurisdiction dispute; retrospective application of codes"}

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background

Facts of the Case

Background

Five former employees sought rescission of judgment after their appeal against an arbitrator's decision was dismissed for late filing of heads of argument. They claimed inability to pay legal fees caused the delay.

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