ZESA     HOLDINGS     (PRIVATE)     LIMITED

v

ITAYI     UTAH

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