MADHATTER MINING COMPANY
SUPREME COURT OF ZIMBABWE
GWAUNZA JA, GOWORA JA & HLATSHWAYO JA
HARARE, OCTOBER 31, 2013 & JULY 25, 2014
Advocate T Magwaliba, for the appellant
Advocate R Chingwena, for the respondent
GWAUNZA JA: This is an appeal against the whole of the judgment of the Labour Court given at Gweru on 13 January 2012.
The application in the court a quo was brought by the respondent against the appellant and was for quantification of damages following a consent order dated 20 September 2006. The terms of the order were:
That the appellant’s termination of the respondent’s contract of employment on 11 February 2003 be set aside;
That the appellant would pay to the respondent all his arrear salaries and benefits together with interest at the legal rate to 30 September 2006;
That the appellant would pay to the respondent damages in lieu of reinstatement which must be agreed between the parties, failure of which the matter would be set down for assessment.
That each party would pay its own costs.
The court a quo noted that on 14 November 2006 the appellant paid to the respondent, through his erstwhile legal practitioners, his arrear salary, benefits and interest for the period March 2003 to September 2006. Despite the respondent’s assertion that the appellant had not paid him cash in lieu of leave, the court a quo found, based on schedule B to the papers before it, that the appellant had in fact made payment in this respect, for the period December 2003 to September 2006. The court a quo accepted the appellant’s argument that since the respondent was not going to work for the period in question, he was not entitled to a transport allowance as this was paid for a specific purpose. The court further accepted the argument that the respondent was not entitled to a housing allowance for that period.