A BULAWAYO labour court judge, Justice Moyo-Matshanga Friday reserved her judgment in a case where Innscor Africa Bread Company Zimbabwe is being sued by its former employee for damages emanating from unlawful dismissal from work.
Paul Chimboya who was the company’s Southern Region Sales and Marketing manager was fired from the company on December 27, 2017 over allegations of sabotaging the firm following the circulation of a letter deemed offensive to the company.
Following his dismissal, Chimboya took the company to the labour Court where he lost his case.
He then appealed to the Supreme Court which ruled in his favour and ordered his immediate reinstatement with full benefits and salary. After the Supreme Court ruling, Chimboya then reported for duty but the company’s management blocked him and instead opted to pay him.
Chimboya then hit the bread manufacturing company with US$308 000 damages in lieu of reinstatement and another US$91 000 as back pay.
In December last year Innscor nicodemusly deposited $748 099,28 into the respondent’s bank account despite the fact that the two parties had not reached a deadlock over matter.
The deadlock led to Chimboya again approach the labour Court seeking quantification of damages.
The case was initially set to be heard on the 12th of November 2021 but it was postponed to Friday last week where Justice Matshanga heard arguments from both the respondent and applicants’ lawyers.
Chimboya through his lawyers Douglas Chikwangwani from Tapi and Attorneys argued that the company still has any obligation to pay him his initial claim of US$308 00.
“It is prayed that the Applicant be paid his debt in the United States dollars currency or in the alternative, the official exchange rate on the date of payment. Applicant insists on his claim as prayed for in the draft order,” submitted Chimboya’s lawyer.
The respondent’s lawyer however argued that according to the country’s laws, the applicant is only entitled to receive his dues in the local currency.
“It must be pointed out that in terms of Section 22 of the Finance (No.2) Act, 2019, any amount due, if any, to the Applicant would be payable to him in local currency (i.e Zimbabwean Dollars ) and the applicable rate to the then United States Dollars salary is one to one (1:1)” submitted Ndove.