Online Reporter
Fidelis Munyoro
Chief Court Reporter
THE Labour Court has ordered Fidelity Funeral Assurance Company to pay former employee Nickson Busu US$175 272,90 as damages for his wrongful dismissal, ending a 13-year dispute.
Justice Bianca Makwande awarded Busu US$123 799 in back pay, US$14 484 for future loss of employment, US$24 075 in fuel benefits and US$12 914,90 in school-fees benefits.
Each party was ordered to bear its own legal costs.
“This court, sitting only to quantify the alternative remedy, may not revisit or dilute that final order,” stated Justice Makwande, referring to an earlier judgment in 2022 that found Busu’s dismissal unfair and ordered reinstatement or damages.
Fidelity Funeral Assurance had dismissed Busu in 2013, citing poor performance, just weeks after transferring him from its parent company, Fidelity Life Assurance.
Busu argued that his appraisal came prematurely and that prior disciplinary record was improperly used against him.
Justice Custom Kachambwa in 2022 ruled the dismissal unlawful, ordering reinstatement or damages.
But Fidelity failed to comply, forcing Busu to return to court.
Busu, represented by lawyer Mr Caleb Mucheche, initially sought US$428 360, including 107 months’ back pay and four years of lost salary and benefits.
Fidelity countered, arguing Busu failed to mitigate his losses.
Busu admitted earning just US$50 per month from selling maize since his dismissal, but Justice Makwande rejected attempts to factor unproven consultancy claims into the damages.
“The court may not invent a deduction,” she ruled.
While allowing 12 months’ future compensation instead of the four years Busu sought, the judge emphasised fair compensation, noting: “The controlling principle is full compensation, not over-compensation.”
The court’s breakdown included US$123 799 in back pay after deductions, alongside proven fuel and school fees entitlements.
Claims for bonuses and medical aid were dismissed for lack of proof.
Justice Makwande highlighted a vital principle for unfair dismissal disputes: monetary awards must reflect full compensation for lost time but may not overlap to avoid double recovery.
“The periods do not overlap, and there is no double compensation,” she held.
Ends
