Ex-ZCDC Employee Awarded $200,000 in Unfair Dismissal Case

Former Zimbabwe Consolidated Diamond Company (ZCDC) employee Linda Chiyangwa has been awarded a US$200,000 claim after her successful application for damages quantification at the Labour Court.

Chiyangwa, who was verbally dismissed in 2016, had initially sought US$1,446,738.75 in salaries, back pay, punitive damages, pension, and medical aid.

ZCDC argued against the claim, citing Chiyangwa’s alternative employment from March 2018 to August 2021 and the applicability of Statutory Instrument 33/2019, which recognized RTGS payments.

Chiyangwa’s dismissal stemmed from a dispute over a new contract offered in July 2016, leading to immediate termination.

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The Labour Court upheld her claim, affirming the unfair dismissal and granting the option of reinstatement or damages.

“Thus damages in this context are awarded as an alternative and are not the primary remedy,” said the judge.

Judge Murasi highlighted that Statutory Instrument 33/2019 stipulates the conversion of assets and liabilities from USD to RTGS dollars at a one-to-one rate, effective from February 19, 2019. Regarding Chiyangwa’s case, he noted her securing alternative employment in 2018, albeit without specific dates, which weakened her claim.

“It was crucial that this information be availed when her matter was deliberated by the Labour Officer.

“It was even more crucial to disclose such information during confirmation proceedings as the latter proceedings would result in.”

“The disclosure certainly had a bearing on the quantum of damages which were available to the applicant. The calculation of damages would be based on such information,” he said.