Former Zimbabwe Consolidated Diamond Company (ZCDC) employee, Linda Chiyangwa, has won a $200,000 claim against her ex-employer following her verbal dismissal in 2016. Chiyangwa successfully pursued quantification of damages at the Labour Court.
Originally seeking $1,446,738.75 for salaries, back pay, punitive damages, pension, and medical aid, Chiyangwa’s claim was contested by ZCDC, citing its perceived excessiveness. ZCDC argued that Chiyangwa’s subsequent employment and the implementation of Statutory Instrument 33/2019 should influence the damages.
Chiyangwa, initially employed by Marange Resources (Pvt) (Ltd), transitioned to ZCDC as part of a government-led consolidation of diamond companies. However, she was verbally dismissed by ZCDC in July 2016 after refusing to sign a new, less favorable contract.
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Following a series of legal proceedings, the Labour Court ruled in Chiyangwa’s favor, acknowledging her unfair dismissal and ordering either reinstatement or payment of damages. Considering her subsequent employment and the statutory instrument, the court awarded Chiyangwa damages totaling $208,000 for back pay, notice pay, and leave cash.
Additionally, ZCDC was directed to provide 4,000 liters of fuel or its equivalent within 30 days. This verdict underscores the importance of disclosing alternative employment during legal proceedings and highlights the Labour Court’s commitment to fair compensation for unfair dismissals.