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Harare High Court
Gift Bob David Samanyau & 38 Others v Fleximail (Private) Limited
HH 108-11
Case Details
Court
Harare High Court
Date
8 June 2011
Citation
HH 108-11
Neutral Citation
[2011] ZWHH 108
Outcome
unknown
Case Type
Application
Bench
Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
Labour lawCurrency lawDamages quantification
Keywords
Unfair dismissalDamagesCurrencyReinstatementMulti-currencyZimbabwe dollarUS dollar
Tags
Currency nominalismMulti-currency regimeDamages in lieu of reinstatementJudicial law-making
legislation
Statutes Cited
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether damages awarded by Labour Court should be paid in foreign currency given Zimbabwe dollar's moribund state","issue_type":"mixed","dispositive":"yes","related_facts":"Zimbabwe dollar became valueless; multi-currency regime introduced"}
- {"issue_text":"Whether High Court has jurisdiction to issue declaratory order in labour matters","issue_type":"procedural","dispositive":"no","related_facts":"Labour Act s 89(6) ousts other courts' jurisdiction"}
- {"issue_text":"Whether principle of currency nominalism applies in labour law during hyperinflation","issue_type":"law","dispositive":"yes","related_facts":"Economic circumstances; need for social justice"}
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background
Facts of the Case
Background
39 former employees challenged their dismissal in 2005. Labour Court ordered reinstatement or damages in lieu. Respondent opted to pay damages in Zimbabwe dollars in February 2009 when currency had become moribund. Applicants rejected tender and sought declaratory order for payment in US dollars.
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