Wellington Muneka v Olivine Industries (Private) Limited

JUDGMENT NO. LC/H/45/24

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Case Details

Court

Labour Court

Date

5 February 2024

Citation

JUDGMENT NO. LC/H/45/24

Neutral Citation

[2024] ZWLC 45

Judgment No.

LC/H/45/24

Outcome

unknown

Case Type

Appeal (remitted from Supreme Court)

Bench

Presiding

Honourable Mr. Justice L.M. Murasi

Author

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Employment lawCurrency lawDamages

Keywords

Unfair dismissalDamages in lieu of reinstatement{'1': '1 currency conversion'}Inter-bank rateMitigation

Key Issues

{"issue_text":"Whether damages should be awarded at 1:1 rate between USD and Zimbabwean dollar or at prevailing inter-bank rate","issue_type":"law","dispositive":"yes","related_facts":"Judgment determining liability issued November 2021, after effective date of Statutory Instrument 33 of 2019"}
{"issue_text":"Whether damages and back-pay should consider mitigatory factors","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's evidence of selling vegetables and furniture advertising assistance"}
{"issue_text":"Whether applicant should receive back-pay for period October 2012 to March 2018 when appeal not prosecuted","issue_type":"law","dispositive":"yes","related_facts":"24-month mitigation period would have ended in 2011, outside this period"}

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background

Facts of the Case

Background

Applicant Wellington Muneka was dismissed from employment in March 2009. The matter went through various courts and was ultimately remitted back to the Labour Court by the Supreme Court to determine specific issues regarding damages calculation, mitigation, and back-pay for periods when the appeal was not prosecuted.

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