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Case Details
Court
Labour Court
Date
25 September 2025
Citation
[2025] ZWLC 341
Judgment No.
LC/H/341/25
Outcome
unknown
Case Type
Application
Bench
Presiding
Hove J
Full Bench
Hove J
Areas of Law
Labour lawCivil procedure
Keywords
Rule 26(6)Further affidavitNew evidenceRepudiation of contractAcademic issue
Tags
Labour lawDisciplinary proceedingsReview applicationNew evidence
legislation
Statutes Cited
- Labour Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether rule 26(6) of the Labour Court Rules permits an application for leave to file further affidavit after heads of argument have been lodged","issue_type":"procedural","dispositive":"no","related_facts":"Application brought after heads filed; respondent argues no provision for supplementary notice or further evidence"}
- {"issue_text":"Whether the court should exercise its discretion to allow filing of further affidavit containing new evidence of contract repudiation","issue_type":"mixed","dispositive":"yes","related_facts":"New evidence allegedly shows respondent repudiated contract; could render review academic"}
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background
Facts of the Case
Background
While a review application was pending under case LCH/404/23 challenging the applicant's intention to discipline the respondent out of time, the applicant discovered new evidence alleging the respondent had repudiated her employment contract by accepting another job while on suspension. The applicant sought leave to file a further affidavit with this evidence.
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