Online Reporter
Fidelis Munyoro
Chief Court Writer
A Harare man has won his decade-long legal battle against Fidelity Life Assurance and Fidelity Funeral Assurance, with the Labour Court ordering the companies to pay him US$271 727,81 in unpaid salaries, allowances and damages.
The decision, delivered by Justice Euna Makamure, brings closure to a dispute that began in 2013 after Mr Nickson Busu’s dismissal from his role at Fidelity.
Justice Makamure ruled that Mr Busu, now in his 60s, was entitled to 107 months of unpaid salary, fuel allowances and 12 months’ salary as damages in lieu of reinstatement.
“What this means is that the applicant is entitled to his back pay and benefits. These will therefore be granted as prayed,” the judge stated.
The court acknowledged that Mr Busu had limited prospects of securing alternative employment due to his age and deteriorating health.
The ruling rejected Fidelity’s offer of six months’ salary as damages, with the court referencing legal precedent to underline the employer’s responsibility for fair compensation.
“The duty to mitigate loss does not absolve an employer from paying what is due,” said Justice Makamure, citing precedence.
Mr Busu, represented by lawyer Caleb Mucheche, initially claimed US$294 396,85, based on his April 2013 payslip reflecting a gross monthly salary of US$1 192.
The Labour Court awarded US$233 348,81 for 107 months’ salary, US$24 075 for fuel allowances and US$14 304 for damages in lieu of reinstatement.
Payments are to be made in US dollars or local currency equivalent at the official exchange rate on the day of settlement.
The award will now move to the High Court for registration as an official court order.
Should Fidelity choose to oppose the registration, they will need to file a motion to challenge it.
The Supreme Court had earlier confirmed Mr Busu’s dismissal as unlawful and remitted the case to the Labour Court for quantification of damages.
