Arthur C. Zulu v National Railways of Zimbabwe

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
LC/H/766/2014
HARARE, 28 JULY 2014
CASE NO.
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IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO. LC/H/766/2014

HARARE, 28 JULY 2014		     		              CASE NO. LC/H/64/05

AND 21 NOVEMBER 2014

In the matter between:-

ARTHUR C. ZULU							Applicant

And

NATIONAL RAILWAYS OF ZIMBABWE			Respondent

Before Honourable B.S. Chidziva, Judge

For Applicant		Mr. T. D. Muskwe (Legal Practitioner)

For Respondent		Mr. D.M. Chikwaya (Legal Officer)

CHIDZIVA, J:

This is an application for quantification of damages arising from a court order by MATANDA-MOYO J which was handed down on 20 October 2006.  The judgment was couched as follows;

The Respondent is ordered to reinstate Appellant without loss of salary and benefits.

If reinstatement is no longer possible then the Respondent is to consider an exit package agreed upon by both parties.”

The Applicant in his application has stated that

He has made overtures to the Respondent for the implementation of the judgment but the Respondent has ignored.

That Appellant and Respondent have not agreed on the exit package as contemplated by this court.

The Applicant is now applying for computation or assessment of damages payable to him as compensation for loss of employment.

The Respondent in response told the court that as far back as 2006 Applicant was aware that Respondent was not going to reinstate him.  The Respondent then accepted the Applicant’s proposal for settlement in Annexure A.

The proposal changed when lawyers indicated that the settlement ought to run until settlement (Annexture B).  Money has always been available for Applicant to take as parties moved from a court order to a settlement.  The Respondent stated that the Applicant has to abide by the agreement.

This court had directed that parties can agree on an exit package but they have failed to agree on the figures to be paid.

In the circumstances therefore

IT IS HEREBY ORDERED THAT

Parties submit heads of arguments on quantification of damages.

Thereafter the matter will be heard on a date to be set by the Registrar

Costs will be in the cause.

MUSKWE & ASSOCIATES, Applicant’s legal practitioners