Wise Owl Group of Schools v Cliford Mabika

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/59/2024
HARARE, 31 JANUARY, 2024
CASE NO LC/H//682/21
20 FEBRUARY 2024
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IN THE LABOUR COURT OF ZIMBABWE HARARE, 31 JANUARY, 2024

JUDGMENT NO LC/H/59/2024 CASE NO LC/H//682/21

20 FEBRUARY 2024

WISE OWL GROUP OF SCHOOLS	APPELLANT

CLIFORD MABIKA	RESPONDENT

Before the Honourable G. Musariri, Judge:

For Appellant	- Mr W. Musengwa, Attorney

For Respondent	- Mr C. Mabika, Respondent

MUSARIRI, J:

On the 4th November 2021 at Harare, S. Nehohwa, in her capacity as a Designated Agent (DA) made a determination. She ordered appellant (employer) to pay respondent (employee) various amounts of money in respect of the salaries and benefits of the unexpired portion of the parties’ employment contract which had been “unlawfully” terminated.

On 8th December 2021 the employer appealed the judgment to this Court. On 16th December 2021 the employee filed a cross-appeal seeking to increase the salaries and benefits awarded. Both appeals were made in terms of Section 92D of the Labour Act Chapter 28:01.

The DA’s determination was based on her earlier determination dated 22nd May 2018. In the 1st determination she found that employer had unlawfully terminated the employment contract. That determination was appealed to this Court which set aside the determination and substituted a dismissal of the employee’s claim. The judgment is referenced LCH58/24.

These developments mean that the determination in casu was made on a wrong premise. The parties’ employment contract was terminated by mutual agreement. There was no unlawful termination to warrant the award of salaries and benefits for the unexpired portion of the contract.

Wherefore it is ordered that,

The appeal be and is hereby allowed;

The determination dated 4th November 2021 made by S. Nehohwa is set aside and substituted as follows;

“The Claimant’s claims are dismissed.” and

The respondent’s

G. MUSARIRI J-U-D-G-E