Unfair dismissalDamages in lieu of reinstatementMitigation of lossBack pay calculationAlternative employment
Tags
Damages quantificationUnfair dismissalReinstatement alternativeMitigation of loss
legislation
Statutes Cited
Statutory Instrument 33/2019
ai analysis
Case Summary
Key Issues
{"issue_text":"What are damages in lieu of reinstatement and how are they calculated?","issue_type":"law","dispositive":"yes","related_facts":"Unfair dismissal, alternative employment, mitigation duty"}
{"issue_text":"What constitutes a reasonable period for damages calculation considering mitigation?","issue_type":"mixed","dispositive":"yes","related_facts":"Dismissal date, alternative employment period, duty to mitigate"}
{"issue_text":"Does Statutory Instrument 33/2019 apply to this case?","issue_type":"law","dispositive":"yes","related_facts":"Judgment date, effective date of SI 33/2019"}
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background
Facts of the Case
Background
Applicant was employed by Marange Resources from 2014, transferred to ZCDC in March 2016, then wrongfully dismissed on 15 July 2016. Labour Officer found unfair dismissal and ordered reinstatement or damages. Court now quantifying damages for period July 2016 to January 2023, considering Applicant's alternative employment from March 2018 to August 2021.
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