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Constitutional Court of Zambia - 2020 December

2 judgments
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2 judgments
December 2020
Levy Mwale v Zambia National Broadcasting Corporation (12 of 2020) [2020] ZMCC 12 (10 December 2020)
Early retirement accepted by employer qualifies under Article 189(2); employee must be retained on payroll receiving salary until full pension payment.
  • Constitutional law — Article 189(1) & (2) — pension benefits — early retirement accepted by employer qualifies for constitutional protection — meaning of "retained on payroll" as continued salary payments until full liquidation of pension benefit — reinstatement to effect instalment payments insufficient.
10 December 2020
Levy Mwale v Zambia National Broadcasting Corporation (2020/CCZ/0012) [2020] ZMCC 15 (10 December 2020)
Accepted early retirement attracts Article 189(2) protection; employer must retain employee on payroll until full pension payment.
  • Constitutional law — pensions — Article 189(2) — meaning of "retained on the payroll" — early retirement accepted by employer qualifies for pension protection — payroll retention requires continued salary payments until full pension liquidation.
10 December 2020