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Labour Court

Tione Manyaya v Innscor Africa Ltd t/a Bakers Inn Bakeries

JUDGMENT NO. LC/H/68/24

Case Details

Court
Labour Court
Date
17 October 2023
Citation
JUDGMENT NO. LC/H/68/24
Neutral Citation
[2023] ZWLC 68
Judgment No.
LC/H/68/24
Outcome
unknown
Case Type
Application

Bench

Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour LawContract Law
Keywords
Quantification of damagesArrear salaryLeave daysNotice payHousing allowanceCBA
Tags
Damages QuantificationUnfair DismissalLabour Law
legislation
Statutes Cited
  • Labor Amendment Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What is the correct quantum of damages payable to the applicant for arrear salary and loss of employment?","issue_type":"law","dispositive":"yes","related_facts":"Calculation of back pay and damages based on historical wages vs current rates."}
  • {"issue_text":"Is the applicant entitled to notice pay given the agreed cut-off date?","issue_type":"procedural","dispositive":"yes","related_facts":"Parties agreed to a cut-off date of 31 May 2023."}
  • {"issue_text":"Is the applicant entitled to transport allowance during the period he was not rendering services?","issue_type":"law","dispositive":"yes","related_facts":"Applicant claimed transport allowance for period of non-service."}
  • {"issue_text":"Are food and accommodation allowances claimable as damages for a period when the applicant was not working?","issue_type":"law","dispositive":"yes","related_facts":"Applicant claimed subsistence allowances for non-working period."}
  • {"issue_text":"Are discretionary benefits (soap, bread, hampers) claimable as of right?","issue_type":"law","dispositive":"yes","related_facts":"Applicant claimed in-kind benefits provided at employer's discretion."}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant employee successfully challenged his dismissal in a review application and sought quantification of damages. The respondent employer conceded liability for damages but disputed the quantum and currency of the claims, arguing that payments should be based on Collective Bargaining Agreements (CBAs) applicable at the time, which prescribed payment in Zimbabwean Dollars (ZWL) and United States Dollars (USD) at specific exchange rates, rather than the applicant's claim for current USD rates.
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