DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 32/18 Civil Appeal No. SC 807/16 retrenchment process alluded to above. Their intention was to have the dispute relating to the benefits on which agreement had not been reached, finally determined by Arbitrator Bvumbe. That this was the parties’ clear intention is borne out by their subsequent conduct. Firstly, following Arbitrator Bvumbe’s award, dated 24 October, 2008, the appellant on 30 March 2009 addressed a letter to the respondent’s legal practitioners, to the following effect: “Re: Retrenchment Package The above matter refers: Please find attached to this letter the Retrenchment offer for your client, Itayi for his signature. May we have your response as a matter of urgency so that we put this matter to rest. “(my emphasis) This letter, as is evident, reinforced the intention to have the dispute resolved in terms of the arbitral award of Mr Bvumbe. Secondly, the respondent accepted the offer on 24 June 2009, in a letter2 written on his behalf by his legal practitioners. The letter in relevant part read as follows: “We write to advise that our client has since accepted the retrenchment package by signing the letter. We attach herewith a signed copy of your offer from our client for immediate processing, without prejudice …. Payment should be processed and deposited in our client’s account by 30 June 2009, failure which(sic) interest and damages shall be raised against Zesa Holdings in terms of the law. We are also instructed to remind you to immediately communicate our client’s termination of employment on 31 March 2009 to his pension managers in order to facilitate immediate pension payments from two pension funds…” (my emphasis) 2 The letter erroneously states that the offer letter was received on 24 June, 2009, when the legal practitioners’ date stamp on the latter document clearly indicates it was received on 30th March 2009 7