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Labour Court

Delta Beverages (Pvt) Ltd v Kudakwashe Murandu

[2013] ZWLC 126

Case Details

Court
Labour Court
Date
14 February 2013
Citation
[2013] ZWLC 126
Judgment No.
LC/H/126/2013
Outcome
unknown
Case Type
Appeal

Bench

Presiding
L. Kudya
Full Bench
L. Kudya
Areas of Law
Labour LawArbitration LawCurrency of Awards
Keywords
foreign currency damagesarbitral awardunfair dismissalZimbabwe dollarbrutum fulmen
Tags
foreign currency awardsarbitral award reviewdamages quantificationZimbabwe dollar era
legislation
Statutes Cited
  • None identified
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Is it competent for an arbitrator to award damages in foreign currency for a claim arising during the Zimbabwe dollar era?","issue_type":"law","dispositive":"yes","related_facts":"Claim arose 2000 under Zimbabwe dollar; Zimbabwe dollar later valueless"}
  • {"issue_text":"Did the arbitrator err by using Reserve Bank exchange rates without calling further evidence?","issue_type":"mixed","dispositive":"no","related_facts":"Arbitrator relied on RBZ rates; parties did not testify on rate"}
  • {"issue_text":"Was the 3-year period for securing alternative employment reasonable?","issue_type":"fact","dispositive":"no","related_facts":"Respondent initially indicated 3 months; arbitrator found 3 years reasonable given unemployment"}
  • {"issue_text":"Was the monthly damages award of US$552.68 justified where respondent claimed US$300?","issue_type":"fact","dispositive":"no","related_facts":"Respondent claimed US$300 entitlement; arbitrator awarded US$552.68"}
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background
Facts of the Case

Background

Employee dismissed in 2000 during Zimbabwe dollar era; arbitrator awarded damages in US dollars for 3-year period; employer appealed claiming error in foreign currency award and factual findings.
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