Murewa v National Social Security Authority (355 of 2023) [2023] ZWLC 13 (5 December 2023)

Murewa v National Social Security Authority (355 of 2023) [2023] ZWLC 13 (5 December 2023)

The disciplinary proceedings were concluded by the termination letter dated 27th June 2023, not the earlier recommendation. The application for review filed on 19th July 2023 was within the prescribed 21-day period and is therefore timeous.

Citation
[2023] ZWLC 13
Parties
Applicant: Brian Murewa; Respondent: National Social Security Authority
Court
Labour Court
Jurisdiction
Zimbabwe
Judgment Date
5 December 2023
Case Number
355 of 2023
Procedural Posture
Labour Court Review Application / Ruling on Preliminary Objection (point in Limine)
Outcome
Respondent’s point in limine dismissed
Legal Topics
Review Applications, Time Limits, Condonation, Disciplinary Proceedings
Source Language
English

Case Brief

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Parties

Brian Murewa

Applicant

National Social Security Authority

Respondent

Procedural Posture

Labour Court Review Application / Ruling on Preliminary Objection (point in Limine)

  1. 1 Whether the application for review was filed within the prescribed time limit under Rule 20 of the Labour Court Rules, 2017
  2. 2 When the disciplinary proceedings were concluded for purposes of calculating the limitation period

Ratio Decidendi

The disciplinary proceedings were concluded by the termination letter dated 27th June 2023, not the earlier recommendation. The application for review filed on 19th July 2023 was within the prescribed 21-day period and is therefore timeous.

Court Disposition

Respondent’s point in limine dismissed

Orders

  • The respondent’s point in limine is dismissed.
  • The Registrar shall re-set the matter for hearing on the earliest available date.