University of Zimbabwe v B.M. Sibanda

JUDGMENT NO LC/H/21/14

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Case Details

Court

Labour Court

Date

30 September 2013

Citation

JUDGMENT NO LC/H/21/14

Neutral Citation

[2013] ZWLC 21

Judgment No.

LC/H/21/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

B.S. Chidziva

Full Bench

B.S. Chidziva

Areas of Law

Labour LawEmployment Law

Keywords

arbitral awardback payZimbabwe dollarUnited States dollarReserve Bank of Zimbabwemitigation of damages

Key Issues

{"issue_text":"Whether the principle of mitigation of damages was applied correctly to back pay","issue_type":"law","dispositive":"yes","related_facts":"Respondent's dismissal in 2007 and subsequent failure to secure alternative employment"}
{"issue_text":"Whether the Arbitrator was correct in converting Zimbabwe dollar salaries to United States dollars","issue_type":"law","dispositive":"yes","related_facts":"The arbitral award was issued in US dollars despite the dismissal occurring when Zimbabwe dollars were in use"}
{"issue_text":"Whether the Reserve Bank of Zimbabwe Official Exchange Rate should be used for conversion","issue_type":"law","dispositive":"yes","related_facts":"The Arbitrator used an undisclosed rate instead of the RBZ rate"}

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background

Facts of the Case

Background

The Respondent was employed as a Chief Technician and was dismissed in 2007 after being absent from work. The arbitrator found he was constructively dismissed and awarded damages in lieu of reinstatement. The Appellant appealed, challenging the conversion of Zimbabwe dollar salaries to US dollars and the failure to apply mitigation of damages.

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