On 7th March 2013 the Honourable M. Dangarembizi made an arbitration award. In terms thereof he ordered Appellant to pay 2nd Respondent an amount of $14,706.04 in respect of union dues collected from 1st Respondent. Appellant then appealed to this Court against the award. More
At the onset of oral argument in this Court, respondents made an oral application for condonation of the late filing of their Response. Appellant opposed the application.
It is common cause that the notice of appeal was served on respondents on 22nd June 2023. They were required to file a Response on or by 6th July 2023. They only filed their Response on 13th July 2023. They were 5 days out of time. Respondents’ attorney stated, from the bar, that they had problems in uploading the Response onto the Court’s IECMS platform over the 5 days. They also tried using... More
This is an application for rescission of a default judgment granted by this applicant on 26 May, 2021. It is opposed.
The requirements for a default judgment to be rescinded are as follows:
1. Whether or not the applicant was inwilful default.
2. Whether or not the application is bona fide;
3. Whether there are prospects of success should the matter be heard on the merit More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01).
The developments in the matter are interesting. Respondent filed a Notice of Opposition as shown in the Opposing Affidavit from page 26 of the record. On the date of hearing, Applicant’s legal practitioner stated that they were raising a point in limine as Respondent had not filed heads of argument and further that Respondent was no longer opposing the application. More
