Former Innscor manager turns to Labour Court for quantification of damages

BY SILAS NKALA

INNSCOR Africa’s former Southern Region sales and marketing manager Paul Chimboya will tomorrow appear before Bulawayo’s Labour Court for quantification of his benefits after the company refused to pay him the US$91 000 he was seeking.

This was after the Supreme Court ruled in 2019 that Chimboya should be reinstated to his position with all benefits. It also said that if reinstatement was not possible, the company should pay him damages in lieu of reinstatement.

Chimboya then quantified his damages which amounted to US$91 000.

However, on October 19, the Labour Court subpoenaed Chimboya and Innscor to appear before Bulawayo Labour Court Judge President Fatima Maxwell on October 27 for a hearing on the quantification of Chimboya’s damages and other benefits.

This was after Chimboya applied for quantification of his pay out at the Labour Court.

“I’m sure it will be a presentation of my claims by my legal counsel and feasibility of payment by the respondent’s legal counsel until there is a finalised figure by the judge which should be what the company is compelled to pay if we agree,” Chimboya said.

The subpoena to Chimboya read: “You are hereby notified that the application/appeal concerning Chimboya versus Innscor Africa Limited and Innscor Africa Bread Company Zimbabwe (Pvt) Limited and to which you are part to which you have been joined as shall be heard before the Labour Court at Tredgold Building Bulawayo by Justice Maxwell on October 27.”

The court also said if Chimboya failed to appear for the hearing at the time and place notified, the hearing could proceed without him to his detriment.

Chimboya was fired on December 27, 2017 on allegations of sabotaging the company, following the circulation of a letter which was deemed offensive to the firm. He was charged with sabotage and was dismissed after a hearing.

He appealed against the dismissal at the Labour Court and lost, but he filed an appeal at the Supreme Court.

The Supreme Court led by Justice Rita Makarau ruled that the company should reinstate him without loss of salary and benefits. Makarau said in the case of reinstatement being impossible, the company should pay Chimboya damages in lieu of reinstatement.

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