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Labour Court
ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC) v MARK NHAWU AND 3 OTHERS
JUDGMENT NO. LC/H/669/14
Case Details
Court
Labour Court
Date
26 September 2014
Citation
JUDGMENT NO. LC/H/669/14
Neutral Citation
[2014] ZWLC 669
Judgment No.
LC/H/669/14
Outcome
unknown
Case Type
Application
Bench
Presiding
L.F. Kudya, J
Author
KUDYA J
Full Bench
L.F. Kudya, J
Areas of Law
Labour LawCivil Procedure
Keywords
rescissiondefaultwillful defaultbona fide defenceprospects of success
Tags
rescission of judgmentdefault judgmentappealhousing allowancenon-pensionable allowances
legislation
Statutes Cited
- UNKNOWN
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the default was willful","issue_type":"fact","dispositive":"yes","related_facts":"Administrative problems with new secretary, lawyer's negligence"}
- {"issue_text":"Whether there is good and sufficient cause for the default","issue_type":"law","dispositive":"yes","related_facts":"Prompt action to apply for rescission, administrative problems"}
- {"issue_text":"Whether the applicant has a bona fide defence and prospects of success on appeal","issue_type":"law","dispositive":"yes","related_facts":"Legal issues regarding housing allowance and non-pensionable allowances"}
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background
Facts of the Case
Background
The applicant employer appealed to the Labour Court against an arbitral award regarding housing allowance and non-pensionable allowances. On the appeal hearing date, the applicant's legal practitioners failed to attend court due to administrative problems with a new secretary, resulting in a default judgment for the respondents. The applicant now seeks rescission of that default judgment.
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