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Labour Court

Gift Bob Samanyau and Thirty-Eight Others v Fleximail (Private) Limited

[2014] ZWLC 776

Case Details

Court
Labour Court
Date
21 November 2014
Citation
[2014] ZWLC 776
Judgment No.
LC/H/776/14
Outcome
unknown
Case Type
Application

Bench

Presiding
G. Mhuri
Full Bench
G. MhuriE. MakamureL. HoveG. MusaririR.F. Manyangadze
Areas of Law
Labour lawCurrency lawDamages assessment
Keywords
Currency nominalismMulti-currency systemZimbabwe dollarUnited States dollarDamages calculation
Tags
Currency conversionDamages quantificationMulti-currency regimeHyperinflation
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What is the effect of the change in currency effected in February 2009 on debts occurring before the effective date?","issue_type":"law","dispositive":"no","related_facts":"Debt arose in Zimbabwe dollars before 2009"}
  • {"issue_text":"Whether the Labour Court has the power to order payment in the operational currency of debts incurred under the Zimbabwe dollar currency?","issue_type":"law","dispositive":"no","related_facts":"Zimbabwe dollar no longer in use"}
  • {"issue_text":"Whether the principle of currency nominalism has any application in the circumstances of this case?","issue_type":"law","dispositive":"no","related_facts":"Parties agreed debt should be paid in foreign currency"}
  • {"issue_text":"The method of calculating the quantum of the debt in current realizable currency?","issue_type":"mixed","dispositive":"yes","related_facts":"Three conversion methods proposed by applicants"}
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background
Facts of the Case

Background

The Supreme Court remitted the matter to the Labour Court to determine the method of calculating damages awarded in 2008 Zimbabwe dollars following Zimbabwe's adoption of multi-currency system in 2009. The parties agreed damages should be paid in foreign currency but disagreed on the conversion method.
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