Worker loses back pay bid

reinstated or paid damages.
It was his contention that he was entitled to back pay from the date of dismissal — December 15, 2006 to October 2010, the date of judgment by the Labour Court.
Chigadzira further submitted that he was forfeiting part of the claim accrued in Zimbabwean dollars from December 2006 to February 2009 and is claiming the United States dollar component.
The period amounted to 20 months and the back pay claim was US$11 400.
SIRDC submitted that Chigadzira was not entitled to any damages at all as he obtained alternative employment on February 26, 2007.
It provided the court with evidence that the Ministry of Transport, Communications and Infrastructural Development had appointed him a trainee vehicle inspector. Labour Court president Ms Bridget Chivizhe noted it was common cause the arrears would partly sound in Zimbabwean dollars and Chigadzira had abandoned these.
Ms Chivizhe said: “That part of Chigadzira’s claim stands to be dismissed as specifically abandoned by him. The court cannot grant that which has not been specifically pleaded for.”
She also noted that SIRDC had placed before the court evidence that Chigadzira had secured alternative employment. Chigadzira had made a feeble attempt to suggest that he was not permanently employed but was on probation.
“In my view, that distinction is irrelevant. It is very clear that he found alternative employment in February 2007.
“On that basis the authorities are clear that he would not have any claim against them,” said Ms Chivizhe.
In his own admission, Chigadzira had admitted on June 2, 2011 that he was fully employed in January 2009. Ms Chivizhe pointed out that Chigadzira then had no legal basis for claiming any damages in foreign currency, which was introduced by the Government in February 2009.
She then dismissed Chigadzira’s claim for back pay as well as his claim for damages in lieu of reinstatement.