UNITED BOTTLERS v KADUYA 2006 (2) ZLR 150 (S)
Citation | 2006 (2) ZLR 150 (S) |
Case No | Judgment No. S-34-06 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Sandura JA and Cheda JA |
Heard | 16 January 2006 |
Judgment | 12 September 2006 |
Counsel | G T Mamvura, for the appellant |
Case Type | Civil appeal |
Annotations | Link to case annotations |
Flynote
Employment — dismissal — wrongful — distinction from wrongful suspension — wrongfully dismissed employee has duty to mitigate his damages — wrongfully suspended employee has duty to remain available for employment by his employer
Employment — labour legislation — Labour Relations Act [Chapter 28:01] — s 2A — section does not provide for a wholesale amendment of the common law
Employment — suspension — unlawful — a repudiation of contract of employment by employer — options open to employee — accept repudiation or enforce contract — employee who takes up alternative employment accepts the employer's repudiation — in that event damages for breach of contract is employee's only remedy — calculation of damages
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