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Industrial Relations Division - 2021

3 judgments
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3 judgments
Citation
Judgment date
December 2021
Mayumbelo Kangumu and Gilbert Munyama v Zambeef Products Plc (COMP NO./IRCLK/200/2021) [2021] ZMHC 114 (2 December 2021)
Employment Code equal-pay rules required employer to remedy salary and housing allowance disparities from 9 May 2020.
Employment law – equal pay for equal work – Employment Code s5(4) – transitional provisions and effective date (9 May 2020) – employer burden to prove remuneration policy – housing entitlement s92 – underpayment of salary, leave and gratuity.
 2 December 2021
August 2021
Martin Willen Landman v Nemchem International Ltd (IRC/SL/19/2020) [2021] ZMHC 111 (26 August 2021)
Summary dismissal upheld for conflict of interest; complainant awarded unpaid salary and leave, commission and counterclaims dismissed.
Employment law — conflict of interest, implied duty of fidelity and loyalty — summary dismissal for gross misconduct and dishonesty — conditional commission incentives — procedural fairness and opportunity to be heard — counter-claims for account and surrender of proceeds; resident permit administrative issue.
 26 August 2021
July 2021
Mwiche Nankolongo Sichone v Cavendish University Zambia Limited (COMP NO. IRCLK/320/2016) [2021] ZMHC 115 (26 July 2021)
Failure to state statutory reasons for termination breached the Employment (Amendment) Act; employee awarded damages, pension and NAPSA remittance.
Employment law – Termination – Requirement to give reasons under s.5(a) Employment (Amendment) Act No.15 of 2015 – Natural justice and disciplinary process – Damages, pension payment and NAPSA remittance ordered.
 26 July 2021