Industrial Relations Division - Ndola - 2025

5 judgments

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5 judgments
Citation
Judgment date
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
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
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
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
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