IMPACT OF STATUTORY INSTRUMENT 33 OF 2019 ON DAMAGES IN LIEU OF REINSTATEMENT

QUERY:

“I have a labour matter in which I was constructively dismissed in 2016 and the labour officer made a ruling in my favour and in March 2019 I made a claim for quantification of damages and a ruling was Read the rest

Agricultural and Rural Development Authority (ARDA) v Francis Baureni and 18 0thers SC 12/19

“In the final analysis, I take the view that the legislature could not possibly have intended that the complex processes enjoined in the orderly and equitable implementation of s 12C should be concluded and finalized within the limited time frame Read the rest

Verukai Emilton N/O v TM Supermarket (Pvt) Ltd and Itai Nkomo and Thembinkosi Nyathi LC/MT/37/18

“I  feel compelled  to  respectfully state  that  Act  5 of 2015 was a knee jerk reaction to the aftermath of  the  Zuva judgment and so not much thought was put into the  drafting of  the amendment resulting in poor  draftsmanship Read the rest

Mike Chiruma v Delta Bevarages LC/MT/74/18

“I do not  intend  to consider whether  the principles applicable in  quantification of  damages in lieu  of  reinstatement can be imported  to  the  compensation  for loss  of employment  provided  for  in  S12 C (2)  of  the  Act,  a point  which  Read the rest

QUANTIFICATION OF DAMAGES IN LIEU OF REINSTATEMENT.


Introduction
The legal principles behind the quantification of damages in lieu of reinstatement have been clearly ascertained by our courts. The Labour Act (Chapter 28:01) provides for various forms of reliefs in cases of unfair labour practices. The reliefs include, …
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Introduction
The legal principles behind the quantification of damages in lieu of reinstatement have been clearly ascertained by our courts. The Labour Act (Chapter 28:01) provides for various forms of reliefs in cases of unfair labour practices. The reliefs include, …
Read the rest