Zimpapers Logo

Fidelis Munyoro Chief Court Reporter
The Supreme Court yesterday dismissed an appeal by Central African Batteries against a Labour Court decision to grant more than US$12 000 in damages to a former employee for unlawful dismissal.
Mr John Mhandu was initially awarded Z$692 118 that was later converted to US$12 575,78 using the applicable rate of September 2002, when he was fired.
Aggrieved by the court decision, CAB appealed to the Supreme Court.

But Justice Anne-Mary Gowora dismissed the appeal.
She ruled that in the appeal CAB did not argue that the computation by the lower court of the amount of US$12 575,78 was wrong.
CAB, said the judge, did not even challenge the rate of exchange used in the assessment of the backpay.

The firm challenged the date at which the rate of exchange should apply as against the local currency, which issue the judge said was dealt with by the court in March 2011, when the court determined the effective date of conversion as September 9 2002.

Justice Gowora said the issue of base amount in the local currency and the applicability of regulations to such amount were not matters for determination in the appeal.

“These are issues that should have been placed before the court when it considered the appeal under case number SC79/10,” she said.
She also agreed with Mr Mhandu’s lawyer, Mr Clemence Mpame, that an issue not concerned with the conversion of Z$692 118 into foreign currency was already settled.

“Although the appellant (CAB) in its ground of appeal complained that the award by the Labour Court induced a sense of shock and was contrary to the public policy, it did not advance any argument in support of those grounds,” said Justice Gowora.