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Citation
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Judgment date
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| December 2004 |
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Labour tribunal lacked jurisdiction to grant mandamus; delay in pursuing an internal appeal does not justify reinstatement.
Labour law – jurisdiction of Labour Relations Tribunal – mandamus – remedy for delay in prosecuting internal appeal – reinstatement versus mandamus – s89, s96, s97(4)(a) of the Labour Act.
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15 December 2004 |
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Award of backpay set aside for lack of evidence on mitigation; matter remitted for fresh assessment.
Labour law — Unlawful dismissal — Assessment of damages — Duty to consider mitigation — Need for evidence of attempts to obtain alternative employment — Oral submissions by counsel not evidence — Remittal for fresh quantification.
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15 December 2004 |
| November 2004 |
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Whether a municipal defendant, though a contract may be void for tender non‑compliance, was unjustly enriched by extraction of applicant’s gravel and liable in restitution.
Contract formation – implied/tacit agreement; Municipal procurement/tenders – effect of non-compliance with s 211 Urban Councils Act on enforceability; Restitution – unjust enrichment elements (enrichment, impoverishment, lack of justification, measure of enrichment); Remedy – restitution despite invalid contract
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22 November 2004 |
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Appeal struck off roll: contract duration was a factual issue, not a question of law, so no Supreme Court jurisdiction.
Labour law — retrenchment regulations — fixed-term versus open-ended contracts — question of law v question of fact — appellate jurisdiction under s 92(2) Labour Relations Act — appeal struck off roll
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15 November 2004 |
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A consent order cannot be appealed; under s92D appeals lie only on questions of law and consent orders present no such issues.
Civil procedure – Consent orders – Appealability of judgments by consent – Consent orders not subject to appeal; may only be set aside for fraud or common mistake; Labour Relations Act s92D limits appeals to questions of law
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4 November 2004 |
| October 2004 |
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A valid execution sale cannot be set aside where the applicant accepted the balance and paid debt only after sale.
Execution — sale in execution by Deputy Sheriff — validity of sale — setting aside sale where judgment debt paid after sale — acceptance of sale proceeds as affirmation of sale — alleged misleading advice by legal practitioners not a ground to set aside sale; separate contractual/tort claim may lie against practitioners.
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17 October 2004 |
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Extension granted where acquiring authority vested ownership and respondent’s continued occupation was unlawful.
Land acquisition – effect of service of order of acquisition – ownership vests in acquiring authority; s 9(1)(b) obligations to vacate; allocation of acquired land pending confirmation; extension of time and condonation for late appeal – solicitor’s fault; eviction where occupier remains unlawfully after acquisition
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11 October 2004 |
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Appeal dismissed: tribunal correctly found no prescription, jurisdiction was proper, and notice defect was not fatal.
Labour law – prescription of disputes (s.94 Labour Relations Act) – jurisdiction of Labour Relations Officer – contents and cure of defective notices (S.I. 30/1993, s.14) – sectoral Code of Conduct and timing – suspension, dismissal procedure and effect of S.I. 371/85.
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10 October 2004 |
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Applicant's appeal reinstated: Supreme Court rules include vacation days in time computation; reasonable mistake and prospects justified reinstatement.
Civil procedure — Reinstatement of appeal deemed abandoned — Computation of time for filing heads of argument — Vacation days included under Rule 3 of Supreme Court Rules — Rule 58 not permitting adoption of High Court Rule 238(2a)(i) where Supreme Court Rules differ — Reasonable explanation and non‑inordinate delay — Prospects of success on appeal
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5 October 2004 |
| September 2004 |
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The applicant’s factual challenge did not raise a point of law; the Supreme Court lacked jurisdiction and struck the appeal off the roll with costs.
Labour law — Appeal from Labour Relations Tribunal — Section 92(c) Labour Relations Act — Appeal lies only on points of law — Factual findings not reviewable by Supreme Court — Appeal struck off the roll with costs
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29 September 2004 |
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The appellant's dismissal was upheld for misconduct committed while a final written warning remained operative.
Employment law — Misconduct and progressive sanctions — Final written warning in force — Subsequent similar misconduct justifies dismissal; quantum of loss and internal procedural lapses immaterial once offence admitted
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27 September 2004 |
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A negotiated resignation and signed release preclude a subsequent unfair dismissal claim where no duress is alleged.
Labour law – termination by resignation – effect of negotiated settlement and signed release – abandonment of internal remedies – Tribunal’s misdirection for disregarding documentary evidence.
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26 September 2004 |
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Failure to follow a registered Code of Conduct and natural justice renders dismissal unlawful; employer liable for suspended pay.
Labour law — Registered Code of Conduct — Procedural compliance required before dismissal — Natural justice — Failure to follow Code renders dismissal unlawful — Remedy: payment for period of suspension where reinstatement not sought
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22 September 2004 |
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Appeal dismissed: provisional judicial management upheld where indebtedness, mismanagement and just-and-equitable factors were established.
Companies law – provisional judicial management – statutory requirements under ss 205(c), 299(1)(a) and 300(a) – inability to pay, mismanagement and just and equitable test – appellate restraint in reviewing exercise of judicial discretion – admissibility of post-filing allegations in answering affidavit
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22 September 2004 |
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A notice of appeal omitting the decision date is fatally defective; cannot be amended and requires a fresh notice plus extension and condonation.
Civil procedure – appeals – notice of appeal – requirement to state date of decision – failure to state date renders notice fatally defective – nullity cannot be amended – remedy is fresh notice with application for extension and condonation; costs de bonis propriis against counsel for negligent conduct
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20 September 2004 |
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An appeal from a court martial must first be heard by the Court Martial Appeal Court before the Supreme Court.
Defence Act — ss 78, 79, 80, 88A — Court Martial appeals — Composition of Court Martial Appeal Court (High Court judges appointed by Judge President) — Appellate route: Court Martial → Court Martial Appeal Court → Supreme Court — Jurisdictional competency.
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13 September 2004 |
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Whether the court should relax in pari delicto to order restitution for money lost in illegal foreign-exchange transactions.
Exchange control/illegal foreign-exchange dealings – in pari delicto potior est conditio possidentis – restitution claims where money lost to third-party fraudsters – unjust enrichment – appellate deference to trial findings on credibility
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9 September 2004 |
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Persistent defiance of court orders and absence of good grounds justified dismissal of rescission application and appeal.
Civil procedure – eviction – default judgment and warrant of eviction – application for rescission – persistent defiance of court orders and contempt – failure to establish good cause – appeal dismissed with costs
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9 September 2004 |
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Use of fabricated exchange rates constituted dishonesty warranting dismissal; Tribunal’s finding upheld.
Employment law — Dismissal for dishonesty — Use of incorrect exchange rates to appropriate employer funds — Proof on balance of probabilities — Group III offences under National Employment Code — Prior final written warning — Tribunal’s factual inferences upheld.
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9 September 2004 |
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An employee who signs and accepts benefits under a written mutual termination agreement is bound absent duress or lack of knowledge.
Labour law – termination by mutual agreement – written agreement binding absent allegation of duress or lack of knowledge – effect of employee accepting terminal benefits – irrationality of Tribunal finding
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8 September 2004 |
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Whether a probationary employee can be reinstated after dismissal for dishonesty despite employer's procedural defaults.
Employment law — Probationary dismissal — Dishonesty by security guard — Effect of employer’s non-attendance at hearings — Review of Labour Relations Tribunal order
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8 September 2004 |
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Referral for authority to dismiss was prescribed; no evidence showed multi‑count charges were filed within 180 days.
Labour law — dismissal procedures — prescription of referral under s 94(1)(b) — requirement that charges be the basis of referral — remittal for rehearing where new allegations introduced.
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6 September 2004 |
| June 2004 |
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Refusal of bail affirmed where serious exchange control charges, strong prima facie case and substantial foreign assets created real risk of abscondment.
Criminal procedure – Bail pending trial – Risk of abscondment – Assessment of strength of State’s prima facie case – Consideration of accused’s foreign assets and foreign passport/residency – Particularity and credibility of defence explanation – House arrest and medical grounds – Appeal court’s restraint in reviewing discretionary bail refusals.
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16 June 2004 |
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Condonation refused; executor validly authorised to sell estate property; appeal dismissed for lack of merit.
Administration of estates – executor’s authority – validity of appointment by Assistant Master; condonation – upliftment of automatic bar – delay and negligence; sale of estate property – setting aside – prospects of success
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9 June 2004 |
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Possession of foreign funds and bare interference allegations do not automatically justify refusing the applicant bail.
Exchange Control Act – bail – risk of abscondment – allegations of interference with investigations – weight of evidence required to deny bail – relevance of repatriation and ties to jurisdiction
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2 June 2004 |
| May 2004 |
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Rescission refused: wilful default, implausible explanation, and no prospects of success on liability.
Civil procedure — Rescission of default judgment — requirements: reasonable explanation for default, bona fides, prospects of success — service under Rule 39 — wilful default — effect of criminal convictions on prospects of success.
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18 May 2004 |
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Appeals from the Labour Court must raise questions of law; pure factual challenges without showing misdirection are not entertainable.
Labour law – Appeals from Labour Court – Appeal limited to questions of law (s92(2) Labour Relations Act) – Appellate review of factual findings only where findings are perverse or amount to misdirection in law
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17 May 2004 |
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Tribunal misdirected; employee’s wilful disobedience and misrepresentation justified dismissal.
Labour law – dismissal for wilful disobedience and misrepresentation; contractor approval instructions; review for factual misdirection amounting to error of law
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12 May 2004 |
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An innocent second purchaser’s transfer was set aside in favour of the respondents due to Deeds Office failure to register a caveat.
Property law – double sale of immovable property – priority of first contract – caveat and notice – effect of Deeds Office omission – innocent purchaser doctrine – absence of special circumstances.
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12 May 2004 |
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Whether an unlawfully dismissed, elderly unskilled employee who sought casual work reasonably mitigated his damages.
Labour law — wrongful dismissal — mitigation of damages — employee's duty to seek alternative employment — reasonableness assessed by age, skills and economic conditions — reduction of damages for failure to mitigate
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10 May 2004 |
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An applicant cannot obtain costs against a maintenance complainant absent any pleaded or evidential basis for such an order.
Maintenance law — committal for non-payment — urgent application for release — costs — no basis on pleadings to order a private complainant to pay costs — right to report maintenance default
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10 May 2004 |
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The appellants lacked standing; the offer was not a lease and subsequent acquisition notice required their eviction.
Land acquisition – ownership vests in acquiring authority on acquisition – locus standi – speculative reversionary interest insufficient; Offer letter – not a lease (no rent agreed) – Agricultural Land Settlement Act s9 inapplicable; Land Acquisition Amendment Act No.10/2002 s4(b) – subsequent order substitutes invalid order and triggers seven-day vacatur obligation
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9 May 2004 |
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Appeal reinstated due to former counsel’s last‑day renunciation despite prima facie poor prospects on the merits.
Civil procedure — Reinstatement of appeal — Rule 36/Rule 43(2)/Rule 44 — Good cause for default — Counsel’s last‑day renunciation/abandonment — Summary judgment — Right to be heard.
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4 May 2004 |
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Amendment cured alleged vagueness; creditor’s claim on an acknowledgement of debt sustained; appeal dismissed with costs.
Civil procedure – exception to declaration – whether pleadings are vague and embarrassing – amendment curing ambiguity – liquid document (acknowledgement of debt) – provisional sentence available
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2 May 2004 |
| March 2004 |
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The appellant's late appeal was struck off for failing to seek condonation in Chambers and properly serve the respondent.
Civil procedure — Appeal noting time limits — Supreme Court (Miscellaneous Appeals and References) Rules 1975, rr.4–6 — Rule 5: 15-day notice — Rule 6: condonation by judge in Chambers only — requirement of service and opportunity to oppose — failure to comply; appeal struck off roll with costs.
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10 March 2004 |
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An employer may lawfully terminate on notice where removal of director status does not amount to misconduct or retrenchment.
Labour law – termination on notice – application of registered Code of Conduct – section 1A SI 377/90 – prior ministerial approval not required where no misconduct alleged – withdrawal of director status not necessarily demotion or retrenchment
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1 March 2004 |
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A notice of appeal failing to state the relief sought is a nullity; appeal struck off the roll for non‑compliance with Rule 29(1)(e).
Civil procedure – summary judgment – factual dispute as to reasonableness of charges and existence of oral agreement – claim not sufficiently liquid; Appeals – defective notice of appeal – non‑compliance with Rule 29(1)(e) (no prayer/relief stated) renders notice a nullity – condonation/amended notice required – appeal struck off roll with costs
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1 March 2004 |
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A purchaser may seek transfer or payment of equivalent value without pleading cancellation when the seller cannot deliver.
Sale of immovable property — purchaser's remedies — specific performance (transfer) or alternative payment of equivalent value — no need to plead cancellation before claiming value — ascertainability of value — amendment of pleadings.
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1 March 2004 |
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Condonation granted where delay was not inordinate and appeal raised arguable jurisdiction, prescription and res judicata issues.
Civil procedure – condonation for late noting of appeal – delay not inordinate where record assembly caused delay; Labour law – jurisdiction and prescription – earlier related proceedings may raise res judicata and prescription issues; point of law may be raised on appeal without cross-appeal.
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1 March 2004 |
| February 2004 |
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Post‑judgment sale of land to manufacture fresh evidence cannot justify admitting it or defeating a validated acquisition.
Land acquisition; leave to adduce fresh evidence on appeal; post‑judgment fabrication of evidence; remittal inappropriate where decision rests on independent findings; resettlement necessity evidence
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29 February 2004 |
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Tribunal’s reinstatement was Wednesbury-unreasonable; admitted assault and failure to follow grievance procedures justified dismissal.
Labour law – dismissal for assault – standard of review: Wednesbury unreasonableness/irrationality – procedural irregularities vs merits – provocation/grievance procedures.
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22 February 2004 |
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A suspended employee who accepts other employment repudiates the original contract; damages limited to arrears up to that date.
Employment law – Suspension versus dismissal – Duty of suspended employee to remain available – Acceptance of alternative employment while suspended constitutes repudiation – Back-pay is part of damages – Proper period for assessment of arrears.
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13 February 2004 |
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Failure to return under bail conditions, unsupported by timely medical or procedural steps, renders an appellant a fugitive from justice and bars appeal.
Criminal procedure – Fugitive from justice – Locus standi in judicio – Whether illness or fear justifies absence from jurisdiction – Failure to seek extension of bail conditions; estreatment of bail and warrant of arrest.
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11 February 2004 |
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Whether the Tribunal’s dismissal decision was so grossly unreasonable as to justify appellate intervention.
Labour law – disciplinary hearings – competency of presiding officer; procedural fairness – notice and witnesses; appellate review – misdirection on facts/gross unreasonableness test.
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11 February 2004 |
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Refusal of bail upheld where judge considered prospects of appeal and risk of absconding under s 25(2)(c) CP&E Act.
Bail pending appeal – prospects of success – s 25(2)(c) Criminal Procedure and Evidence Act – duty to arrest for offences committed outside Zimbabwe – risk of absconding.
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1 February 2004 |
| January 2004 |
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Possession of suspected stolen hospital property inferred from items wrapped in appellant’s clothing in her house; conviction upheld.
Criminal law – possession of property reasonably suspected to be stolen – inference of possession from goods found in accused’s home and wrapped in accused’s clothing – adequacy of accused’s explanation – s 14(1)(b) Miscellaneous Offences Act.
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25 January 2004 |
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Prompt lodging of transfer documents and possession can constitute special circumstances to set aside a sale in execution.
Property law – cession of lessee-to-buy rights – attachment and sale in execution of property registered in debtor’s name – judgment creditor’s prima facie right to attach – special circumstances required to set aside execution – prompt lodging of transfer documents and taking possession as special circumstances.
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14 January 2004 |
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An appeal from the Labour Relations Tribunal to the Supreme Court lies only on questions of law; none was raised, so appeal dismissed.
Labour law – Appeals from Labour Relations Tribunal – s 92(2) – appeal to Supreme Court only on question of law; distinction between law and fact; misdirection on facts standard; time limits for labour relations office intervention (s 94); internal appeals under employer's Code of Conduct
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11 January 2004 |