Tawanda Chimhamhiwa v South Eastern College

[2021] ZWLC 13

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Case Details

Court

Labour Court

Date

27 January 2021

Citation

[2021] ZWLC 13

Judgment No.

LC/MS/13/2021

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Kachambwa J

Full Bench

Kachambwa J

Areas of Law

Labour lawEmployment lawProcedural law

Keywords

condonationlate noting of appeallabour officer jurisdictionmisconductdisciplinary appeal

Key Issues

{"issue_text":"Whether condonation should be granted for late noting of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of over one year, wrong procedure followed, both parties contributed to delay"}
{"issue_text":"Whether applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"no","related_facts":"Some charges appear admitted, penalty challenged, arguable case on some grounds"}

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background

Facts of the Case

Background

The applicant, a college employee, was found guilty of misconduct under the National Employment Code of Conduct. His internal appeal failed. Following respondent's advice, he referred the matter to a labour officer instead of directly appealing to the Labour Court. The labour officer's confirmation application was struck off for lack of jurisdiction. The applicant then sought condonation for late noting of appeal to the Labour Court.

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