This is an appeal against the decision of an arbitrator wherein the Arbitrator set aside the employer’s decision to dismiss the respondent and made an award ordering the respondent’s reinstatement with an alternative of an award for damages should reinstatement be no longer possible. More
This is an application for quantification of damages due to the applicant employee from the respondent employer.
The rest of the issues in this matter are common cause if regard is had to the oral submissions made by the parties on the hearing date. In summary form parties are agreed on the rest of the quantification figures and the law giving rise to these. The only divergence is where applicant claim 18 months damages and the respondent offers 5 months instead. It is only this aspect which is addressed by this judgment.
Applicant claims 18 months damages citing the fact... More
On the 25th April 2022 at Bindura, applicant qua Labour Officer issued a ruling. He ordered 1st respondent (employer) to reinstated 2nd respondent (employee) or pay damages in lieu of reinstatement. Apparently, the employer did not comply with the ruling. Then applicant applied to this Court for the confirmation of his ruling in terms of section 93(5a) of the Labour Act [Chapter 28:01], hereafter called the Act. The employer opposed the application whilst the employee naturally supported the application. More
