CFI Retail Limited t/a Farm & City Centre v Oscar Mbira

[2016] ZWLC 5

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Case Details

Court

Labour Court

Date

8 January 2016

Citation

[2016] ZWLC 5

Judgment No.

LC/H/05/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

R. Manyangadze J

Full Bench

R. Manyangadze J

Areas of Law

Labour lawUnfair dismissalDamages quantification

Keywords

Damages in lieu of reinstatementBack payLeave payLoss of employmentMitigation of damages

Key Issues

{"issue_text":"Whether the arbitrator erred in awarding damages based on unsubstantiated salary figures","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's last payslip showed US$400.00; arbitrator awarded based on US$700.00"}
{"issue_text":"Whether respondent was entitled to damages instead of reinstatement","issue_type":"law","dispositive":"no","related_facts":"Appellant failed to communicate reinstatement within deadline; eventually offered reinstatement"}
{"issue_text":"Whether 18 months damages for loss of employment was justified","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent made no attempt to mitigate damages; economic environment was harsh"}

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Facts of the Case

Background

The appellant appealed against a quantification award that granted the respondent US$39,200.00 as damages in lieu of reinstatement following his unfair dismissal. The appeal challenged three aspects: failure to rule on a preliminary point, entitlement to damages, and quantum of damages awarded.

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