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Industrial Relations Division - Ndola - 2025

5 judgments
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5 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