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Industrial Relations Division - Ndola - 2024

7 judgments
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7 judgments
Citation
Judgment date
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