Zinondo v CAFCA Ltd. (Civil Appeal SC 214 of 2017; SC 64 of 2017) [2017] ZWSC 64 (24 July 2017)

Zinondo v CAFCA Ltd. (Civil Appeal SC 214 of 2017; SC 64 of 2017) [2017] ZWSC 64 (24 July 2017)

The applicant failed to provide a reasonable explanation for default, lacked bona fides in her application for rescission, and had no prospects of success on appeal as salary differences within the same grade are permissible if the Collective Bargaining Agreement is not violated.

Citation
[2017] ZWSC 64
Parties
Applicant: Thokozile Zinondo; Respondent: CAFCA Limited
Court
Supreme Court of Zimbabwe
Jurisdiction
Zimbabwe
Judgment Date
24 July 2017
Case Number
Civil Appeal SC 214 of 2017 ; SC 64 of 2017
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Supreme Court Against Labour Court Decision
Outcome
Application dismissed with costs
Legal Topics
Rescission of Default Judgment, Prospects of Success, Employment Contract, Collective Bargaining Agreement, Salary Discrimination
Source Language
English
Labour Law Civil Procedure Rescission of Default Judgment Prospects of Success Employment Contract Collective Bargaining Agreement Salary Discrimination

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Parties

Thokozile Zinondo

Applicant

CAFCA Limited

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Supreme Court Against Labour Court Decision

Legal Issues

  1. 1 Whether the applicant established good and sufficient cause for rescission of default judgment
  2. 2 Whether the applicant had prospects of success on appeal regarding alleged salary underpayment

Ratio Decidendi

The applicant failed to provide a reasonable explanation for default, lacked bona fides in her application for rescission, and had no prospects of success on appeal as salary differences within the same grade are permissible if the Collective Bargaining Agreement is not violated.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to appeal dismissed with costs