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Industrial Relations Division - Ndola

12 judgments
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12 judgments
October 2025
Clayton Wayanika v Yellowquip Limited (2025/HN/IR/10) [2025] ZMHC 156 (17 October 2025)
Complainant's claims for arrears, wrongful/unfair dismissal and severance dismissed; transfer refusal justified summary dismissal.
  • Employment law — disciplinary procedure and wrongful dismissal — written variation to salary — enforceability of written agreement — transfer as lawful instruction — dismissed employee not entitled to severance pay under Employment Code.
17 October 2025
September 2025
Mlaula Mhango v Northrise University Registered Trustees (2024/HN/IR/79) [2025] ZMHC 78 (30 September 2025)
Failure to sign a renewed contract did not vitiate it; termination without contractual notice was unfair and wrongful.
  • Employment law — contract renewal by conduct — unsigned written renewal does not necessarily vitiate contract; Termination — fairness and wrongfulness — requirement of notice and pay in lieu; Measure of damages — departure from notice-period measure where abruptness, inconvenience and bleak job prospects justify extended award; Remedies — pro rata entitlements; testimonial/referral discretionary under statute.
30 September 2025
August 2025
Taima Kachaka and 15 Ors v Elsewedy Electric Zambia Limited (2022/HN/IR/66) [2025] ZMHC 151 (25 August 2025)
Dismissals upheld: illegal strike and unauthorised press statement justified dismissal; pension and reinstatement claims failed.
  • Employment law — dismissal for misconduct — illegal/unconstitutional strike — requirement to follow statutory strike procedures — natural justice and disciplinary process — unauthorised media statements — pension entitlement proof (service/age) — unjust enrichment.
25 August 2025
July 2025
Nchimunya Nyirenda v Construction Industrial and Maintenance Services Limited (2024/HN/IR/61) [2025] ZMHC 154 (15 July 2025)
Complainant failed to prove unlawful dismissal; court found no statutory breach and dismissed the complaint.
  • Employment law — unlawful dismissal — burden of proof — disciplinary procedure and matrix — probation extension — gross insubordination — suspension during sick leave — permissible deviation from disciplinary code — Employment Code s.50(1) referenced.
15 July 2025
May 2025
Baby Nzali v Pick n Pay Zambia Limited (2023/HN/IR/47) [2025] ZMHC 43 (14 May 2025)
Termination was unfair (speculative permit-renewal reason); redundancy and pension claims dismissed; six months' pay awarded as damages.
  • Employment law — expatriate employee — termination — redundancy vs operational requirements — unfair termination where employer's reason speculative (work permit non-renewal) — pension entitlement requires membership and contributions.
14 May 2025
December 2024
Raphael Mwale Mulenga and Anor v CNMC Luanshya Copper Mines Plc (COMP/ IRC /ND/ 82 / 2020) [2024] ZMHC 254 (9 December 2024)
Employer lawfully dismissed employees for failing to report witnessed theft; police exoneration did not bar disciplinary action.
  • Employment law — summary dismissal; disciplinary procedure and audi alteram partem; duty to report misconduct as implied contractual term; police exoneration not determinative in civil/disciplinary proceedings; discretion in penalties; reinstatement and backpay rarely awarded; employer's record-keeping and burden on payment claims.
9 December 2024
Raphael Mwale Mulenga and Anor v CNMC Luanshya Copper Mines Pls (COMP/IRC/ND/82/2020) [2024] ZMHC 253 (9 December 2024)
Employer lawfully dismissed employees who witnessed but failed to report theft; dismissal was neither wrongful nor unfair.
  • Employment law — summary dismissal — disciplinary proceedings despite police exoneration — duty to report misconduct as implied contractual term — natural justice and opportunity to be heard — sufficiency of substratum of facts — employer's discretion on penalties — burden on employer to justify dismissal; reinstatement rare.
9 December 2024
November 2024
Horag Mulenga v V. M. General Dealers (2025/HN/IR/39) [2024] ZMHC 318 (25 November 2024)
Employee wrongfully and unfairly dismissed; awarded 12 months' pay and accrued leave; employer's damage claim dismissed.
  • Employment law — wrongful and unfair dismissal — necessity to charge employee and afford hearing — measure of damages beyond notice period — calculation using statutory minimum pay — counter-claim for alleged damage must be proven.
25 November 2024
Starfrance Zulu v Zambia Daily Mail Limited (COMP/2024/HN/IR/21) [2024] ZMHC 229 (15 November 2024)
Applicant unfairly dismissed; entitled to accrued pension (K241,871.70) and 36 months' salary; wrongful dismissal and severance claims dismissed.
  • Labour law — disciplinary procedure — opportunity to be heard — wrongful vs unfair dismissal — misplaced/unsubstantiated charge — defined contribution pension — accrued benefits payable
15 November 2024
September 2024
Alcious Mulwiida v Wilsar Logistics Limited (2021/HN/IR/68) [2024] ZMHC 317 (30 September 2024)
Employer's failure to charge and hear the employee rendered dismissal wrongful, awarding damages and terminal benefits.
  • Employment law — wrongful and unfair dismissal — breach of natural justice (failure to charge and hear) — allegation of abandonment unproven — damages beyond notice period — salary arrears — accrued leave and prorated gratuity — interest — no costs.
30 September 2024
July 2024
Dave Samutela v Kaltire Mining Tire Group (COMP NO. IRCND/113/2020) [2024] ZMHC 316 (20 July 2024)
Warning letters issued without affording a hearing breach contract; dismissal was wrongful (damages awarded) but not statutorily unfair.
  • Employment law — Disciplinary procedure — Warning letters require opportunity to be heard — Failure to afford hearing breaches contract — Wrongful dismissal entitling employee to damages but not necessarily statutory unfair dismissal remedies — Gratuity and pay for unworked months not payable if contract terminated before expiry — Leave pay award if unpaid.
20 July 2024
Waco Africa (Division of Construction & Industrial Maintenance Services Limited) v Kenson Mitawa (APP NO 2023/HN/IR/38) [2024] ZMHC 319 (15 July 2024)
Extension of time to appeal granted where Registrar failed to notify parties of substituted judgment delivery date.
  • Extension of time to appeal — service of judgment — Registrar's duty under Industrial Relations Court Rules (rules 10, 11(2), 12) — good cause for delay — discretion to extend time — filing within 21 days.
15 July 2024