The
reasons are as follows.
It
is common cause that the respondent was unlawfully suspended from employment on
5 January 1998. On 9 September 2002, he took up employment elsewhere thus
repudiating his contract of employment with the appellant. It is common cause
that during the period of suspension he would have been entitled to payment of
Z$692,118=.
The
court a quo granted the respondent $21,141=58 calculated on the basis of US$208=76
per month being what was earned by the appellant's employees in the Grade in
2009 - some 12 years after his unlawful suspension. There was no basis for the formula adopted by
the court.
The
appellant, through its legal practitioner, submitted that the amount payable to
the respondent could be converted into another currency, such as the United
States dollars, at the rate prevailing on 9 September 2002.
We
believe that would meet the justice of the case.
This
is therefore not a case where the question whether or not the amount owed by
the employer to the employee has to be quantified in foreign currency or
converted into foreign currency which would have to be determined by the Labour
Court. The issue has been resolved by the concession made by the respondent….,.
The
appeal succeeds. The order of the court a quo is set aside and substituted with
the following:
“1.
The appellant is to pay the respondent Z$692,118= to be converted to United
States Dollars at a rate to be agreed between the parties failing which any
party may make an application to the court a quo for determination of the
applicable rate of exchange.
2.
Each party to pay its own costs.” 