1. Introduction In this section, we outline the rules of contract that determine and explain the repudiation of a contract of employment. Repudiation occurs when a party to a contract shows, by omission or conduct, that they are no longer … Read the rest...
Category: Damages for loss of employment
IMPACT OF STATUTORY INSTRUMENT 33 OF 2019 ON DAMAGES IN LIEU OF REINSTATEMENT
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.
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, but … Read the rest
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, but are not limited to, an order for back pay, damages for prejudice suffered because of the unfair labour practice and reinstatement (Section 89 (2) (C) of the Act) [...]