Mercy Dare v Air Zimbabwe Private Limited & Anor

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/209/23
HARARE, 22 MAY 2023 & 11 JULY 2023
CASE NO LC/H/833/22
In the matter between:-
MERCY DARE
APPLICANT
st
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HARARE, 22 MAY 2023 & 11 JULY 2023 CASE NO LC/H/833/22

In the matter between:-

MERCY DARE

APPLICANT

AIR ZIMBABWE PRIVATE LIMITED

1st RESPONDENT

ALOIS MAKAMURE

2nd RESPONDENT

Before the Honourable Kudya J

For the Applicant

In Person

For the 1st Respondent

O. Kondongwe (Legal Practitioner)

For the 2nd Respondent

R. Matsikidze (Legal Practitioner)

KUDYA, J:

This is an application for the confirmation of a ruling in the matter between Makamure and Air Zimbabwe. Makamure filed with the labour officer a claim for unfair labour practice by Air Zimbabwe. His argument was that Air Zimbabwe was holding on to his arrear salary and benefits and that it owed his salary and benefits for the period it had him on indefinite suspension. According to the labour officer Air Zimbabwe admitted liability for the arrears but disagreed with the payment for the period of indefinite suspension and motor vehicles repairs reimbursement. Air Zimbabwe’s argument is that the suspension was not of its making but due to decreased business caused by the Covid 19 pandemic. It is settled that where an employer finds itself in the circumstances that Air Zimbabwe found itself if it was imperative to resort to the labour Act for the Legal redress of such a situation. It did not do so to the extent that it can not cry foul when it is now being asked to pay the employee his dues.


A reading of the labour officer’s ruling sets out clearly why and how she made the awards in respect of each claim by the employee. The court finds no fault with the reasoning. There is therefore no basis for refusing to confirm the ruling as applied for. The ruling being in sync with the law should be confirmed.

ITR IS ORDERED THAT

1. Application for the confirmation of the ruling in the matter between Makamure and Air Zimbabwe Private Limited be and is hereby granted.

2. Ruling in the matter between Makamure and Air Zimbabwe Private Limited be and is hereby confirmed. Air Zimbabwe Private Limited pays Makamure ZWL 710 715,239 plus USD 6547 or equivalent at the official bankrate being salary arrears and benefits. Air Zimbabwe Private Limited to remit ZWL 1687,37 as Makamure’s pension contribution so that Makamure can access his pension. Each party bears own costs.

Dube, Manikai and Hwacha, 1st Respondent’s Legal Practitioners

Matsikidze Attorneys, 2nd Respondent’s Legal Practitioners
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