Farirai Rimbi V Prochem (Private) Limited

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/144/2014
HARARE, 21 JANUARY 2014 &
14 MARCH 2014
CASE NO LC/H/382/2012
---------




IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO LC/H/144/2014

HARARE, 21 JANUARY 2014 &		   CASE NO LC/H/382/2012

14 MARCH 2014

In the matter between:

FARIRAI RIMBI							APPLICANT

Versus

PROCHEM (PRIVATE) LIMITED				RESPONDENT

Before The Honourable E Makamure	:    Judge

For the Applicant	G Pendei (Trade Unionist)

For the Respondent	I Nyadenga (Human Resources Manager)

MAKAMURE J:

This is an application for quantification of damages. Parties are agreed that the applicant be awarded his backpay and any cash in lieu of leave days due to him.

It transpired during the course of the hearing that the respondent had paid the applicant the amount of four thousand five hundred and seventy one United States dollars and forty three cents (US$4571-43) as back pay and one thousand two hundred and seventy-one United States dollars and forty three cents (US$1 271-43) as cash in lieu of leave days. The applicant seemed to have been unaware of this. The amount paid totals five thousand eight hundred and forty two dollars and eighty six cents (USD 5 842-86). The total sum was paid to liquidate loans to CABS and SEEDCO respectively which the applicant had acquired through the respondent. The payments were made directly to the creditors as per the normal company procedures. I did not hear the applicant to dispute owing the mentioned creditors. Proof of such payment was produced. This therefore means that the respondent does not owe the applicant backpay and cash in lieu of leave.

In view of the above there is no claim to be made against the respondent. In the circumstances the application for the quantification of damages fails.

Accordingly it is ordered that the application for quantification of damages be and is hereby dismissed. Each party shall bear its own costs.

Zimbabwe Chemicals, Plastics,Applicant’s representatives

&Allied Workers Union

Respondent’s Human Resources Department, Respondent’s representatives