quantification of damagesunlawful dismissalreinstatementback-paymitigation of loss
legislation
Statutes Cited
National Social Security Authority Act
ai analysis
Case Summary
Key Issues
{"issue_text":"What is the appropriate end date for calculating back-pay?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant dismissed 6 September 2003; arbitral award 2 April 2004; court judgment 27 November 2009"}
{"issue_text":"Is applicant entitled to damages in lieu of reinstatement and for what period?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant failed to mitigate loss; barriers created by respondent"}
{"issue_text":"What currency should damages be paid in?","issue_type":"law","dispositive":"no","related_facts":"Zimbabwe dollar no longer legal tender"}
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background
Facts of the Case
Background
Applicant was unlawfully dismissed on 6 September 2003. Labour Court ordered reinstatement on 27 November 2009. Applicant now seeks quantification of damages including back-pay, benefits, and damages in lieu of reinstatement.
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