Timothy Jack Mwanje v Pan African Mining

LC/H/356/14

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Case Details

Court

Labour Court

Date

3 June 2014

Citation

LC/H/356/14

Neutral Citation

[2014] ZWLC 356

Outcome

unknown

Case Type

Application

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour LawCivil Procedure

Keywords

severance payfresh evidence on appealbarcondonationrenunciation of agency

Key Issues

{"issue_text":"Whether the court should grant leave to the applicant to introduce fresh evidence on appeal.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant's claim that new evidence exists regarding his grade and entitlement to higher severance pay."}
{"issue_text":"Whether the applicant's grounds of appeal are competent, given they are based on factual misdirections.","issue_type":"law","dispositive":"yes","related_facts":"The applicant's grounds 2 and 3 of the appeal challenge the arbitrator's factual findings."}

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Facts of the Case

Background

The applicant appealed against an arbitral award that granted him severance pay at a lower rate than he claimed. He then applied to introduce fresh evidence on appeal, arguing that his legal representation at arbitration was inadequate. The court found that the applicant had not shown exceptional circumstances to justify admitting new evidence and dismissed the application.

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