This matter is an application for rescission of an order granted in default by this court.
Applicant filed two appeals before this court, namely:
(i) Interfresh Limited v Mukudza and Others LC/H/904/12 and
(ii) Broadbridge Investments (Pvt) Ltd v Mukudza and Others LC/H/577/12.
The two appeals were dismissed on the 15th August 2013 following an application made by respondent in terms of Rule 19 (3) (a) of the Labour Court Rules, 2006, in that applicant had not filed its heads of argument within fourteen days of receipt of respondent’s notices of response in respect of both appeals but about eleven... More
The delay in the delivery of this judgment is regretted. It was due to the parties’ failure and delay in responding to issues raised. Consequently the judgment had to be written without a response from one of the parties on the issue of appealing on a conviction that is not on record. More
On the 13th December 2022 at Harare, the Exemptions Committee (EC) of the NEC Rural District Councils issued a determination. It ordered appellant (employer) to reinstate respondent (employee) or pay her damages in lieu of reinstatement. The employer then appealed the determination to this Court in terms of section 92 D of the Labour Act Chapter 28:01 hereafter called the “Act”. The employee opposed the appeal. More
It is common cause that appellant’s earlier appeal (under LC/H/284/22) against the determination in casu was struck off the roll by the Court for failure to file the record of proceedings conducted by the Designated Agent. Such record is required in terms of Rule 19(1) (b) of the Labour Court Rule S.I. 150/17. Respondent argued that appellant’s remedy provided by the Practice Direction would be an application for reinstatement as envisaged by the proviso to paragraph 5 of the Direction. Instead appellant applied for condonation of a late appeal which was granted by this court on 16 January 2023. Appellant... More
