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Judgment No. SC 32/18
Civil Appeal No. SC 807/16
REPORTABLE
(27)
ZESA
HOLDINGS
(PRIVATE)
v
ITAYI UTAH
LIMITED
SUPREME COURT OF ZIMBABWE
GWAUNZA JA; GUVAVA JA; MAVANGIRA JA
HARARE, SEPTEMBER 22, 2017 AND JUNE 12, 2018
S. M. Hashiti, for the appellant
M. Gwisai, with C. Mahlangu, for the respondent
GWAUNZA JA:
This is an appeal against the whole judgment of the Labour
Court handed down on 20 February 2015.
FACTUAL BACKGROUND
The respondent was employed by the appellant as an Apprentice Distribution
Electrician on 17 September 1984. He rose through the ranks until he was promoted to the position
of Technical Services Director in terms of a contract dated 27 August 2004. In July 2007 the
appellant’s Managing Director wrote to the respondent advising him of a restructuring exercise
being underway, and that his post had to be abolished. He also notified him of an intention to
work out his retrenchment package. On 30 July 2007 the Group Company Secretary of the
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