Results.
21 judgments found.
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| December 2022 |
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Summary dismissal upheld where senior officer admitted misconduct; not discriminatory and VSS claim fails due to ineligibility.
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Employment law — summary dismissal — disciplinary procedure and natural justice — admission of misconduct — proportionality of sanction for senior/controlling officer — discrimination in dismissal — voluntary separation scheme eligibility.
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16 December 2022 |
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Unilateral variation of employment terms without consent constituted redundancy; statutory redundancy and gratuity remedies ordered.
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Employment law — redundancy — unilateral variation of basic conditions of service without consent constitutes redundancy (s.55(1)(c)) — automatic termination on date of variation — procedural notice under s.55(2) not required where variation effects termination — redundancy payment minimum: two months’ pay per year served (s.55(3)) — entitlement to gratuity (25%) (s.73).
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13 December 2022 |
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Termination triggered by the principal contract's end was lawful; redundancy claims dismissed; accrued leave payable.
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Employment law — termination by operation of contractual clause upon end of principal contract; distinction between wrongful and unfair termination; redundancy entitlement; proof of statutory benefits; assessment of accrued leave.
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8 December 2022 |
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Employee unfairly dismissed for private conduct outside employment; awarded 24 months' salary damages and accrued leave assessment.
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Employment law — dismissal — distinction between wrongful (procedural) and unfair (substantive) dismissal — conduct outside course of employment not proper ground for disciplinary dismissal — reinstatement sparingly granted — damages as alternative remedy — entitlement to accrued leave; failure to prove other statutory benefits.
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6 December 2022 |
| November 2022 |
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Registrar granted leave to file complaint out of time under Section 85(3) due to non‑deliberate delay.
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Industrial Relations Court Act s.85(3) — leave to file complaint out of time — Registrar’s discretion — affidavit evidence — non‑deliberate delay.
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14 November 2022 |
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The complainant's summary dismissal for unauthorised removal of company property and attempted bribery was procedurally and substantively fair.
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Employment law — disciplinary code applicability — procedural fairness under section 52(3) Employment Code Act — unauthorised removal of company property — attempted bribery — summary dismissal — substratum of facts and proportionality of sanction.
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1 November 2022 |
| September 2022 |
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Dismissal without formal charge or hearing is wrongful and unfair; six months' salary awarded, terminal benefits claim dismissed.
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Employment law — wrongful and unfair dismissal; failure to charge and afford hearing; breach of disciplinary procedure and Employment Code Act; damages awarded (six months' salary plus allowances) with interest; terminal benefits dismissed where already paid; assessment by Deputy Registrar.
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16 September 2022 |
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Summary dismissal for unauthorised absence/desertion upheld; only unpaid accrued leave awarded with interest; other claims dismissed.
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Employment law — Summary dismissal for unauthorised absence/desertion — Fairness assessed by reason for dismissal notwithstanding procedural non-compliance — Claimant failed to prove entitlement to subsistence allowances and wages — Accrued leave payable with interest.
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13 September 2022 |
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Court found dismissals wrongful and unfair, awarding damages, allowances and unpaid July salaries to the complainants.
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Employment law — wrongful and unfair dismissal; disciplinary procedure and natural justice; insufficiency of evidence for alleged falsification/conspiracy; remedies — damages, unpaid salaries, extra duty and big-class allowances; gratuity deductions and NAPSA remittances.
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12 September 2022 |
| August 2022 |
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Most complainants’ claims were statute‑barred under Section 85(3); only two complaints were timely and allowed to proceed.
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Industrial Relations Act s85(3) — limitation and jurisdiction; exhaustion of administrative channels; procedural compliance — Order 14A vs Industrial Relations Court Rules; affidavit jurat defect — defect in form curable under s47 Interpretation and General Provisions Act; dismissal for want of jurisdiction; leave to appeal granted.
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18 August 2022 |
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An employer lawfully dismissed the applicant for procedural breaches and unauthorised removal of property despite criminal acquittal.
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Employment law — unfair dismissal; disciplinary procedure and right to be heard; administrative discipline despite criminal acquittal; burden of proof in disciplinary proceedings; proportionality of sanctions.
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17 August 2022 |
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Court found dismissal for dishonest conduct procedurally fair and substantively justified; wrongful and unfair dismissal claims dismissed.
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Employment law — dismissal — wrongful (procedural) v unfair (substantive) dismissal — disciplinary procedure and natural justice — internal disciplinary proceedings concurrent with criminal prosecution — sufficiency of factual substratum to support summary dismissal for dishonest conduct — company gate pass/fuel policy.
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2 August 2022 |
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Court found dismissal procedurally regular and substantively justified; claims for wrongful and unfair dismissal dismissed.
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Employment law — wrongful (procedural) dismissal; unfair (substantive) dismissal — compliance with disciplinary code and natural justice — substratum of facts to support dismissal — concurrent internal disciplinary and criminal proceedings.
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2 August 2022 |
| June 2022 |
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Employee dismissed after refusing to attend disciplinary hearings; accrued leave awarded, dismissal and terminal benefits claims dismissed.
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Employment law — dismissal for misconduct — statutory right to be heard (s.52(3) Employment Code; clause 10(c) collective agreement) — refusal to attend disciplinary hearing — accrued leave entitlement — unjust enrichment and terminal benefits.
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30 June 2022 |
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Claims for contractual allowances, bonus variation, redundancy and wrongful termination dismissed; respondent must issue certificate of service.
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Employment law — contractual terms trump verbal promises; allowances must be contractually or statutorily provided; discretionary bonuses not contractual; employer may transfer employees within Zambia if contract permits; refusal to accept lawful redeployment may amount to resignation/desertion; mandatory issuance of certificate of service under Employment Code Act.
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30 June 2022 |
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Discretionary bonuses and intra‑company transfers permitted by contract do not automatically give rise to redundancy or unlawful variation; employer must issue certificate of service.
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Employment law — allowances and arrears; discretionary bonuses — not contractual entitlements; intra‑company transfers — contractual transfer clause and statutory provisions; redundancy and desertion; duty to issue certificate of service.
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30 June 2022 |
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Termination under the contract's notice clause for operational requirements was lawful; wrongful dismissal claim dismissed.
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30 June 2022 |
| March 2022 |
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Summary dismissal without a hearing breached natural justice and s52(3), warranting damages and payment for accrued leave.
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Employment law — summary dismissal in absentia — duty to accord opportunity to be heard (natural justice; Employment Code s52(3)) — entitlement to accrued leave where employer fails to prove forfeiture policy.
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31 March 2022 |
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Summary dismissal upheld for misconduct; accrued leave payable, damages and unspecified terminal benefits claims dismissed.
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Employment law — summary dismissal for misconduct — procedural fairness and substratum of facts — entitlement to accrued leave despite summary dismissal — failure to prove unspecified terminal benefits.
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2 March 2022 |
| February 2022 |
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Summary dismissal for unauthorised removal of company property upheld; accrued leave payable, unspecified service benefits not proven.
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Employment law — unfair dismissal — summary dismissal for unauthorised removal of company property/theft — disciplinary procedure and opportunity to be heard — substratum of facts required — accrued leave payable despite summary dismissal.
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23 February 2022 |
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Failure to apply for leave to file out of time under Section 85(3) renders an Industrial Relations complaint incompetent and statute‑barred.
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Industrial relations — Limitation and jurisdiction — Section 85(3) ILR Act — Mandatory 90‑day filing period — Leave to file out of time required before commencement — Reasons for delay must exist before expiry — Article 118(2)(e) does not negate jurisdictional procedural requirements.
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10 February 2022 |