Hospital ordered to pay damages

for misconduct.
It was conceded that the composition of the disciplinary committee that conducted the hearing for Ms Sarudzai Nyakutambwa, did not comply with the provisions of the Code of Conduct as it excluded two members of the workers’ committee.
Labour Court president Ms Lilian Hove, recently said this procedural irregularity rendered the proceedings a nullity.
Ms Hove said: “The question of whether or not the dismissal was lawful was therefore settled by this concession.
“What remained for the court to decide was the damages that ought to be payable in view of the unlawful dismissal.”
It was submitted and not disputed that the law requires that workers who have been dismissed whether lawfully or unlawfully were not entitled to sit around doing nothing but to mitigate their losses by seeking alternative employment.
Ms Nyakutambwa sought and obtained alternative employment with Baines Avenues Clinic with effect from May 3, 2004, while the unlawful dismissal had been on April 7, 2003.
She was thus prejudiced or suffered damages in the form of loss of salary and benefits for that period.
It was also conceded that she was also entitled to interest on the amount payable at the prescribed rate.
Although Ms Nyakutambwa prayed for reinstatement, Ms Hove ruled that she repudiated her contract of employment when she sought and obtained another job, thus the court could not order her reinstatement.
Ms Hove said what could be ordered was the payment of back pay and benefits including damages for the premature loss of her job, which was unjustifiably lost.
She then ordered St Annes Hospital to pay the appellant back pay and benefits for the period she was not employed and interest.
In view of the fact that there is now a multi-currency regime, the parties were to agree on the conversion rate of the amount payable.