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Labour Court
George Manyika v Shamva Gold Mine
[2013] ZWLC 23
Case Details
Court
Labour Court
Date
22 January 2013
Citation
[2013] ZWLC 23
Judgment No.
LC/H/23/2013
Outcome
unknown
Case Type
Application
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawUnfair dismissalDamages quantification
Keywords
wrongful dismissalreinstatementdamagesmitigationback paygang leadermining industry
Tags
wrongful dismissaldamages in lieu of reinstatementquantification of damagesmitigation of damages
legislation
Statutes Cited
- Police and Criminal Evidence Act 1984
- Regulation of Investigatory Powers Act 2000
- Human Rights Act 1998
- European Convention on Human Rights (Article 6)
ai analysis
Case Summary
Key Issues
- {"issue_text":"What is the appropriate quantum of damages in lieu of reinstatement for wrongful dismissal?","issue_type":"mixed","dispositive":"yes","related_facts":"30 years service, failure to mitigate, retirement age"}
- {"issue_text":"What daily rate should be used for calculating back pay and damages?","issue_type":"mixed","dispositive":"no","related_facts":"Dispute between parties over daily rates"}
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background
Facts of the Case
Background
The applicant was wrongfully dismissed from Shamva Gold Mine in July 2008 after 30 years of service. The court had previously ordered reinstatement or damages in lieu of reinstatement. The respondent failed to reinstate, leading to this application for quantification of damages.
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