Zvidzai Mawere & 2 Others v Mbada Diamonds

JUDGMENT NO. LC/H/89/2014

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Case Details

Court

Labour Court

Date

7 February 2014

Citation

JUDGMENT NO. LC/H/89/2014

Neutral Citation

[2014] ZWLC 89

Judgment No.

LC/H/89/2014

Outcome

unknown

Case Type

Condonation

Bench

Presiding

B.T Chivizhe

Full Bench

B.T Chivizhe

Areas of Law

Labour LawContract Law

Keywords

Late noting of appealPoint in limineCaveat subscriptoDuressSettlement

Key Issues

{"issue_text":"Whether the application for condonation of late noting of appeal was valid in light of the settlement agreement","issue_type":"procedural","dispositive":"yes","related_facts":"The existence of a settlement agreement signed by all parties"}
{"issue_text":"Whether the settlement agreement was signed under duress","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants' claim of economic hardship and duress"}

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background

Facts of the Case

Background

The applicants were ex-Gecko employees who were suspended and dismissed for inciting other employees not to sign employment contracts. They noted an appeal which was dismissed, then referred the matter for conciliation and arbitration before withdrawing to file an application for condonation of late noting of appeal. The respondent raised a point in limine, arguing that a settlement agreement had been signed, which the applicants claimed was under economic duress.

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