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Sunday, October 23, 2016

Firm Contests Zimbabwe Dollar Labour Award Conversion Rate

Firm Contests Zim Dollar Labour Award Conversion Rate

Daniel Nemukuyu Senior Court Reporter | October 22, 2016 | Source

The dispute on the proper method to quantify labour damages awarded during the Zimbabwe dollar era has spilled into the Supreme Court with a Local firm contesting the conversion rate used by the Labour Court in calculating the United States dollars owing to its former workers. The Labour Court recently ordered Fleximail (Private) Limited to pay its 39 ex-workers a total amount of $340,434.

In arriving at the decision, the court employed a formula of multiplying the workers' monthly salaries by five years. But Fleximail, through its lawyer Advocate Taona Sibanda, has filed an appeal at the Supreme Court contesting the method adopted by the Labour Court.

The company contends that the court should have waited for the legislature to promulgate an appropriate law that determines how the Zim dollar debts should be fairly calculated.

Fleximail argued that the court had no jurisdiction to rule on the matter at the time when Government was yet to promulgate a relevant Statutory Instrument.

"The court a quo misdirected itself at law by exceeding its judicial powers under the doctrine of separation of powers that found our constitutional democracy in by hastily making inroads into a clearly expressed legislative process and unduly overriding the Government's emphasis that it was appropriate that the issue in dispute be dealt with in a normal course through the legislative process," reads the notice of appeal.

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