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Labour Court

Raymond Manyengavana & 12 Ors v Ferreira's Auctions

[2013] ZWLC 473

Case Details

Court
Labour Court
Date
27 September 2013
Citation
[2013] ZWLC 473
Judgment No.
LC/H/473/2013
Outcome
unknown
Case Type
Application

Bench

Presiding
B.T. Chivizhe
Full Bench
B.T. Chivizhe
Areas of Law
Labour lawDamages quantificationProcedural law
Keywords
damages in lieu of reinstatementback payseverance paycurrency nominalismexecutor dative
Tags
quantification of damagespoints in liminecurrency nominalismlocus standi
legislation
Statutes Cited
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court should refuse to quantify damages because the respondent has no assets","issue_type":"procedural","dispositive":"no","related_facts":"Respondent disposed of business in 2002, claims no assets"}
  • {"issue_text":"Whether applicants in default of filing affidavits should have their claims dismissed","issue_type":"procedural","dispositive":"yes","related_facts":"Only 5 of 13 applicants filed affidavits"}
  • {"issue_text":"Whether Abigail Mavura has locus standi to claim on behalf of Christopher Masasa's estate","issue_type":"procedural","dispositive":"no","related_facts":"She is widow and executor dative appointed 15 June 2011"}
  • {"issue_text":"Whether currency nominalism precludes US dollar awards for pre-2009 periods","issue_type":"legal","dispositive":"no","related_facts":"Salaries fixed in Zimbabwe dollars before March 2009"}
  • {"issue_text":"Whether applicants can claim both back pay and damages in lieu of reinstatement","issue_type":"legal","dispositive":"no","related_facts":"Claims include both salary arrears and damages"}
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background
Facts of the Case

Background

The applicants, former employees of Ferreira's Auctions, sought quantification of damages following a 2011 judgment that found their dismissal unfair. The respondent raised multiple points in limine to prevent quantification, including lack of assets, currency issues, and procedural defects.
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