Abel Chimanyiwa v Mazowe Mine

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/188/13
HELD AT HARARE 9TH MAY 2013
CASE NO
---------




IN THE LABOUR COURT OF ZIMBABWE	JUDGMENT NO LC/H/188/13

HELD AT HARARE 9TH MAY 2013		CASE NO LC/H/269C/07

ABEL CHIMANYIWA				Applicant

MAZOWE MINE					Respondent

Before The Honourable G Musariri, President

For Applicant		Mr A.K. Maguchu, Attorney

For Respondent		Ms A Mapanzure, Attorney

MUSARIRI, G:

On 3RD September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement.  Respondent chose to pay damages.  The parties were unable to agree on quantum of the damages.  Applicant then filed this application for assessment of the damages. Respondent filed opposing papers.  The attorneys agreed that the matter be determined on the basis of the documents filed of record.

Applicant’s claim was calculated as follows:

Back-pay  and benefits				US$7 496.05

Damages in lieu of reinstatement		     4 879.60

Total							     32 375.65

/The affidavit…

The affidavit of Respondent’s Senior Human Resources Officer stated, in its paragraph 10, that,

“10.	In light of the above the Respondent submits that the correct amounts due and owing	to the Applicant are as follows:-

Back-pay and benefits				US$2 966.24

Damages for loss of employment		       4 775.52”

At the hearing by this Court, Applicant’s attorney reduced the claim to the amounts conceded by Respondent’s Officer.

In light of the concession  by Respondent and the reduction of his claim by Applicant, the matter has effectively been settled on the basis of Respondent’s calculations.  I will therefore grant back-bay and damages in terms of those calculations.  In addition,  I shall award interest at the prescribed rate from the date of the order of reinstatement.

/Wherefore…

Wherefore it is ordered that,

Respondent shall pay Applicant an amount of US$2 966.24 to cover back-pay and benefits.

Respondent shall pay Applicant an amount of US$4 775.52 to cover damages in lieu of reinstatement; and

Interest at the prescribed rate shall accrue on each of the said amounts from the 3Rd September 2010 to the date of payment.

G MUSARIRI

PRESIDENT