Zimbabwe Motor Distributors v Shelton Nyamushamba

Key Issues

• {"issue_text":"Whether the application for condonation of late filing should be granted","issue_type":"procedural","dispositive":"no","related_facts":"The application was filed four days late"}
• {"issue_text":"Whether the consent judgment can be varied on grounds of mistake or fraud under section 92(c)","issue_type":"law","dispositive":"yes","related_facts":"Employee was employed at OK Zimbabwe but did not disclose this; employer claims mistake/fraud"}
• {"issue_text":"Whether the employee's employment at OK Zimbabwe constitutes fraud or mistake sufficient to vary the consent order","issue_type":"mixed","dispositive":"yes","related_facts":"Employee was employed; employer claims this was fraudulent/mistaken"}
• {"issue_text":"Whether the employer's argument of unjust enrichment has merit","issue_type":"law","dispositive":"yes","related_facts":"Employee mitigated loss through new employment but seeks full consent award"}

Background