University of Zimbabwe v B.M. Sibanda

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IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/352/2014
HARARE, 04 & 20 JUNE 2014
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO. LC/H/352/2014

HARARE, 04 & 20 JUNE 2014		                          CASE NO. LC/H/905/12

In the matter between:-

UNIVERSITY OF ZIMBABWE			Applicant

And

B.M. SIBANDA					Respondent

Before Honourable B.S. Chidziva, Judge

For Applicant		Mr. S. Zingano (Legal Practitioner)

For Respondent		Mr. T. Thodhlanga (Legal Practitioner)

CHIDZIVA J:

This is an application for leave to appeal to Supreme Court.  The appeal is against the court’s judgment that was handed down on the 14th of February 2014.

The Applicant’s grounds of this application are that:

The court erred in ordering that Respondent be awarded damages in lieu of reinstatement in United States Dollars when he had suffered loss in the Zimbabwean Dollar currency.

The court did not implement its findings to the effect that Respondent did not mitigate his loss by seeking alternative employment.

The Applicant has good prospects of success on appeal.

The Respondent has opposed this application on the grounds that the Applicant has no prospects of success on appeal.

This court considered the efforts that were made by Respondent to source alternative employment and found that 18 months’ salary was enough to compensate Respondent’s premature loss of employment.  It was also taken into account that despite the fact that Respondent’s salary and benefits were suppose to be in the local currency that currency is no longer in use hence the court ordered that the salaries should be converted into United States Dollars.

In view of the reasons that this court gave in its judgment this court finds that Applicant has no prospects of success on appeal.

Accordingly it is ordered that:

The application be and is hereby dismissed.

Each party is to bear its costs.

ZIUMBE & PARTNERS, Applicant’s legal practitioners

THONDHLANGA & ASSOCIATES, Respondent’s legal practitioners