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Labour Court
ENISIA SIGAUKE v NETONE CELLULAR (PVT) LTD
JUDGMENT NO. LC/H/571/2016
Case Details
Court
Labour Court
Date
25 July 2016
Citation
JUDGMENT NO. LC/H/571/2016
Neutral Citation
[2016] ZWLC 571
Judgment No.
LC/H/571/2016
Outcome
unknown
Case Type
Appeal
Bench
Presiding
F.C. Maxwell
Full Bench
F.C. Maxwell
Areas of Law
Labour LawEmployment LawDamages
Keywords
Wrongful dismissalReinstatementDamages calculationMitigationArbitral award
Tags
Damages in lieu of reinstatementBack pay calculationMitigation dutySpecial damagesPunitive damages
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"From what date should damages in lieu of reinstatement be calculated?","issue_type":"law","dispositive":"yes","related_facts":"Dismissal date, reinstatement order, election date"}
- {"issue_text":"Should special damages be awarded for consequential losses?","issue_type":"law","dispositive":"yes","related_facts":"Medical bills, loan penalties, pension penalties"}
- {"issue_text":"Should punitive damages be awarded for employer's conduct?","issue_type":"law","dispositive":"yes","related_facts":"Media adverts, senior position difficulty"}
- {"issue_text":"Were additional benefits admitted by respondent?","issue_type":"fact","dispositive":"yes","related_facts":"Schedule F, pay advice"}
- {"issue_text":"Should legal costs be awarded to appellant?","issue_type":"law","dispositive":"yes","related_facts":"Arbitration costs, appeal outcome"}
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background
Facts of the Case
Background
Appellants was wrongfully dismissed on 10 March 2013. Arbitrator ordered reinstatement in March 2014, but employer elected to pay damages in lieu in April 2015. Quantification proceedings resulted in award of US$180,798.48 for 24 months back pay, with dismissal of claims for special and punitive damages.
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