after serving the company for 31 years.
Mr Samson Chikwakata had sought damages to the tune of US$107 000 including clothing and meal allowances.
The damages claim was basically a retrenchment package he considered he was entitled to.
This was on the basis that he fell ill soon after the wrongful termination of his employment and was unable to secure alternative employment.
The claim for meals and clothing referred to perks the hotel group availed to him during employment.
Africa Sun opposed the claim arguing that this was not a case of retrenchment and as such no retrenchment package was called for.
It further argued that the back pay claimed (the major portion of it) could not be paid in foreign currency because it only became legal tender in February 2009.
Africa Sun also argued that the claim for meals and uniforms was not properly proved because the uniforms only became the employee’s property after a year’s usage, while the applicant had used the value of new clothes rather than used clothes.
Respondent did not say much about the meals claim nor leave pay, but informed the court of its offer to settle the matter by paying applicant a month’s salary for each year served, with the offer coming to US$ 9 000.
Labour Court president, Godfrey Musariri, observed that despite Africa Sun’s stated position, they offered what was effectively a retrenchment package.
Mr Musariri said: “Such packages are largely made up of service pay being a certain number of months pay multiplied by the number of years service involved.
“Indeed, my perusal of the papers suggests that this was a retrenchment in all but name.
“Structural changes after a change of ownership of the business rendered applicant’s job redundant, so he was effectively retrenched.”
He considered one and a half months pay for each year worked would produce a fair package, while the applicant was entitled to something for the meals and clothing benefits he lost.
Mr Musariri then ordered African Sun Limited to pay Mr Chikwakata US$13 954 for loss of employment.

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