Supreme Court of Zimbabwe - 2004 December

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2 judgments


December 2004
Posts and Telecommunications Corporation v Chizema (Civil Appeal 165 of 2002; SC 108 of 2004) [2004] ZWSC 108 (15 December 2004) Tribunal lacked jurisdiction to grant mandamus or reinstate; High Court mandamus or proper appeal were the correct remedies. Labour law – Jurisdiction of Labour Relations Tribunal – Mandamus – Appropriate forum for mandamus – Reinstatement vs. remedy of mandamus – s 89, s 96(1)(c), s 97(4)(a)	15 December 2004
Triangle Ltd. v Phiri (Civil Appeal 279 of 2002; SC 107 of 2004) [2004] ZWSC 107 (15 December 2004) A tribunal must hear evidence on mitigation and alternative employment before assessing damages for unlawful dismissal. Labour law — unlawful dismissal — assessment of damages — duty to hear evidence on mitigation and reasonable period to obtain alternative employment — counsel's submissions not substitute for evidence — deduction of earnings — single indivisible sum	15 December 2004