Levy James v Comserve Security

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
LC/H/91/13
HELD AT HARARE ON 18 FEBRUARY 2013
CASE NO. LC/H/780/11
JUDGMENT LC/H/91/13
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IN THE LABOUR COURT OF ZIMBABWE		JUDGMENT LC/H/91/13

HELD AT HARARE ON 18 FEBRUARY 2013	CASE NO. LC/H/780/11

In the matter between:

LEVY JAMES				-		Appellant

And

COMSERVE SECURITY		-		Respondent

Before the Honourable President, E.F. Ndewere

For Appellant				Mr A. Chambati (Legal Practitioner)

For Respondent				Mr P. Dutiro (Managing Director)

NDEWERE E.F.

The Appellant was summarily dismissed in August 2010 in contravention of Statutory Instrument 15 of 2006 which applies to employers and employees without registered Codes of Conduct.  He took his case to arbitration and on the hearing date the respondent did not turn up.  The Arbitrator ruled in his favour but when it came to the award, she only granted the Appellant leave pay, notice pay and arrears for underpayments.  She did not award him anything as damages for wrongful dismissal; neither did she award him any back pay from the date of the unlawful dismissal to the date of her award in October 2011.

The Appellant appealed against the award.  The Respondent did not dispute the facts of the matter so the only issue for determination was quantification of damages.  The Appellant claimed back pay of US$2,700 from August 2010 to February 2013; He claimed US$430.00 for the underpayments, notice pay and leave pay as awarded by the Arbitrator.

The Respondent agreed to pay the US$430 for underpayments at the end of May, 2013 and the US$2,700 back pay at the rate of US$200.00 per month.

The Appellant also claimed five months salary at $90 per month as damages totaling $450 for five months.  The Respondent asked for leniency on the damages.  He said his claim should be just for two weeks because it is very easy for a security guard to get a job within two weeks.  In response, the Appellant indicated that he has not yet managed to secure a job although he has been looking for one.

The Court took into account the Respondent’s circumstances; that the company was doing badly and that it had laid off most of the guards and remained with only three.  The Court also took into account the fact that the Respondent had readily agreed to pay the back pay and the underpayments and the notice pay.  Consequently, the Court felt that awarding the Appellant one month pay in lieu of damages for unlawful dismissal was just in the circumstances of this case.

Accordingly, the appeal succeeds and the following is the Court’s order:

IT is ordered that;

The Respondent pays US$2,700.00 being back pay from August 2010 to February, 2013 at $200.00 per month from 1 March, 2013.

The Respondent pays $430.00 being arrear underpayments, leave and notice pay as one lump sum by end of May, 2013.

The Respondent pays $90.00 being one month salary as damages for the unlawful dismissal by the end of May, 2013

Each party to pay its own costs.

E.F. NDEWERE

PRESIDENT

CHAMBATI AND MATAKA ATTORNEYS – APPELLANT’S LEGAL PRACTITIONERS