News / National
Former ANZ editor wins Z$15M court case
27 Apr 2012 at 21:11hrs | Views
The Labour Court has ordered Associated Newspapers of Zimbabwe to pay dismissed deputy editor, Tendai Nyakunu, Z$15 220 000 for loss of employment. ANZ was also ordered to pay Nyakunu Z$578 492 in accrued allowances. Both amounts will be
converted to United States dollars at the rate used by Reserve Bank of Zimbabwe in June 2005.
Nyakunu was claiming US$600 000 in damages for loss of employment.
To substantiate his claim, he said it was for damages suffered emotionally and psychologically as a result of the unfair dismissal.
Nyakunu said he also lost opportunities and financially as a result of ANZ publishing in its newspaper that he had been dismissed.
He claimed that this made it impossible for him to work as a journalist anywhere in the country. Nyakunu calculated the basic salary of a deputy editor at the rate of US$5 000 per month from 2009 to 2011.
For 2003 to 2008, he converted the Zimdollars to United States dollars. Nyakunu won an arbitration award on June 14, 2005 ordering ANZ to reinstate him without loss of salary and benefits from the date of dismissal. The Labour Court confirmed the arbitral award on February 25, 2011.
ANZ opted to pay Nyakunu damages for loss of employment rather than reinstate him.
Labour Court senior president Ms Gladys Mhuri said it was a trite legal position that the back pay and benefits be calculated from date of dismissal to the date of reinstatement order.
In this case, it is the arbitrator's award dated June 14, 2005 and not the date of the court order of February 25, 2011.
"As for damages, these are to be calculated on the basis of the length of time which it would reasonably take Nyakunu to obtain alternative employment," said Ms Mhuri.
"This is calculated from the date of dismissal and the rate to be used is the one pertaining at the date of the order of reinstatement."
Ms Mhuri pointed out that it was a trite position of the law that a dismissed employee has an obligation to mitigate his loss by looking for alternative employment.
She said it was common cause that for the period May 3, 2003 to June 14, 2005 Nyakunu's salary was in Zimdollars.
According to the payslip he submitted, his basic salary was Z$600 000 per month.
He was also getting telephone and entertainment allowances in the sum of Z$11 403 per month respectively.
His total back pay for the period of 25 months subject to statutory deductions was Z$15 220 000 and the total for the allowances was Z$578 492.
converted to United States dollars at the rate used by Reserve Bank of Zimbabwe in June 2005.
Nyakunu was claiming US$600 000 in damages for loss of employment.
To substantiate his claim, he said it was for damages suffered emotionally and psychologically as a result of the unfair dismissal.
Nyakunu said he also lost opportunities and financially as a result of ANZ publishing in its newspaper that he had been dismissed.
He claimed that this made it impossible for him to work as a journalist anywhere in the country. Nyakunu calculated the basic salary of a deputy editor at the rate of US$5 000 per month from 2009 to 2011.
For 2003 to 2008, he converted the Zimdollars to United States dollars. Nyakunu won an arbitration award on June 14, 2005 ordering ANZ to reinstate him without loss of salary and benefits from the date of dismissal. The Labour Court confirmed the arbitral award on February 25, 2011.
ANZ opted to pay Nyakunu damages for loss of employment rather than reinstate him.
Labour Court senior president Ms Gladys Mhuri said it was a trite legal position that the back pay and benefits be calculated from date of dismissal to the date of reinstatement order.
In this case, it is the arbitrator's award dated June 14, 2005 and not the date of the court order of February 25, 2011.
"As for damages, these are to be calculated on the basis of the length of time which it would reasonably take Nyakunu to obtain alternative employment," said Ms Mhuri.
"This is calculated from the date of dismissal and the rate to be used is the one pertaining at the date of the order of reinstatement."
Ms Mhuri pointed out that it was a trite position of the law that a dismissed employee has an obligation to mitigate his loss by looking for alternative employment.
She said it was common cause that for the period May 3, 2003 to June 14, 2005 Nyakunu's salary was in Zimdollars.
According to the payslip he submitted, his basic salary was Z$600 000 per month.
He was also getting telephone and entertainment allowances in the sum of Z$11 403 per month respectively.
His total back pay for the period of 25 months subject to statutory deductions was Z$15 220 000 and the total for the allowances was Z$578 492.
Source - TH
