Jabulani Charles Kuchena v The Scientific & Industrial Research Development Centre

[2024] ZWLC 224

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Case Details

Court

Labour Court

Date

11 January 2024

Citation

[2024] ZWLC 224

Judgment No.

LC/H/224/24

Outcome

unknown

Case Type

Application

Bench

Presiding

Kachambwa J

Full Bench

Kachambwa J

Areas of Law

Labour lawEmployment contractsDamages calculation

Keywords

backpayreinstatementcurrency conversionexpert evidencedamagesfixed-term contract

Key Issues

{"issue_text":"What period is the applicant entitled to damages for?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant died during reinstatement period; parties disputed whether principles of alternative employment apply"}
{"issue_text":"How should the damages be calculated in light of currency changes?","issue_type":"mixed","dispositive":"yes","related_facts":"Experts provided different calculation methods; parties left decision to court"}
{"issue_text":"What benefits should be included in the damages calculation?","issue_type":"law","dispositive":"yes","related_facts":"Applicant claimed multiple benefits; respondent offered only salary and bonus"}

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background

Facts of the Case

Background

The applicant was dismissed in 2005, successfully challenged the dismissal, and was ordered reinstated in 2008. The respondent elected reinstatement but the applicant never resumed duty due to ongoing disputes until his death in 2021. The executor of his estate continued the proceedings seeking backpay and benefits.

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