Metal Components v Janet Chimanga

[2016] ZWLC 106

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Case Details

Court

Labour Court

Date

4 March 2016

Citation

[2016] ZWLC 106

Judgment No.

LC/H/106/16

Outcome

unknown

Case Type

Cross-Appeal

Bench

Presiding

E Muchawa

Full Bench

E Muchawa

Areas of Law

Labour lawUnfair dismissalDamages assessment

Keywords

Unlawful dismissalReinstatementDamagesMitigationQuantum

Key Issues

{"issue_text":"Whether the appellant was properly in default","issue_type":"procedural","dispositive":"no","related_facts":"Appellant failed to appear at hearing despite proper service"}
{"issue_text":"Whether the nine months damages awarded are insufficient","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent claims 24 months damages; respondent has not sought alternative employment"}
{"issue_text":"Whether punitive damages should be awarded","issue_type":"law","dispositive":"no","related_facts":"No evidence presented for punitive damages"}

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background

Facts of the Case

Background

The respondent was employed as a bookkeeper by KSK Engineering (Pvt) Ltd from 1 December 1998. The company was subsequently sold and the arbitrator found that the appellant purchased it, making them the respondent's employer. The appellant failed to take on the respondent as an employee, which was found to be unlawful dismissal. The arbitrator awarded nine months' salary as damages in lieu of reinstatement.

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