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DULY HOLDINGS LTD v SPANERA 2005 (1) ZLR 407 (S)
C Employment — contract — termination — wrongful dismissal — damages for — how to be calculated — entitled only to compensation for period between date of dismissal and date when could be reasonably expected to have found alternative employment
The respondent was dismissed from his employment. Some five months later he found another job, at a lower salary. He left that job voluntarily about a year later. Subsequently the Labour Relations Tribunal found the dismissal to be unlawful, and ordered the respondent's reinstatement, or, failing reinstatement, damages. Ultimately the Labour Court (which had replaced the Tribunal) awarded damages calculated on his full pay, E allowances and benefits from date of dismissal to date of judgment less what he earned in the other job between February 2000 and March 2001. The employer appealed.
Held, he was entitled only to damages, calculated on the basis of his income, from the date of his dismissal to the date when he found employment.
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