Thomas Chikwawi v Mazowe Mine

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/156/13
HELD AT HARARE 9TH MAY 2013
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	    JUDGMENT NO LC/H/156/13

HELD AT HARARE 9TH MAY 2013		    CASE NO LC/H/269D/07

THOMAS CHIKWAWI					Applicant

MAZOWE MINE						Respondent

Before The Honourable G Musariri, President

For Applicant		Mr A.K. Maguchu, Attorney

For Respondent		Ms A Mapanzure, Attorney

MUSARIRI, G:

On 3rd September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages.  The parties were unable to agree on quantum of the damages.  Applicant then filed this application for assessment of damages.  Respondent filed opposing papers.  The attorneys agreed that the matter be determined on the basis of the documents filed of record.

Applicant’s claim was calculated as follows:

Back-pay or benefits 					US$6 732.96

Damages in lieu of reinstatement			     22 200.00

Total								    28 932.96

/The affidavit…

The affidavit of Respondent’s Senior Human Resources Officer stated, in its paragraph 10, that,

“10.	In light of the above the Respondent submits that the correct amounts due and owing to the Applicant are as follows:

Back-pay and benefits 			US$2 559.19

Damages for loss of employment		      4 350.24”

At the hearing by this Court, Applicant’s attorney reduced the claim to the amounts conceded by Respondent’s Officer save for an additional claim for leave days the period of 2 years and 2 months from the date of dismissal to the date when the multiple currency regime started in February 2009.  The period yields 64 leave days.  Their value comes to (188.26 ÷ 30)		386.69

In light of the concession of by Respondent and the reduction of his claim by Applicant, the matter has effectively been settled on the basis of Respondent’s calculations.  I will grant back-pay and damages in terms of those calculations. In addition, I shall add the value of outstanding leave days and interest from the date of the order of reinstatement.

/Wherefore…

Wherefore it is ordered that,

Respondent shall pay Applicant an amount of US$2 539.19 to cover back-pay and benefits;

Respondent shall pay Applicant an amount of US$4 350.24 to cover damages in lieu of reinstatement; and

Interest, at the prescribed rate, shall accrue on each of the said amounts from the 3rd September 2010 to the date of payment.

G. MUSARIRI

PRESIDENT