Results.
18 judgments found.
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| December 2023 |
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Employee awarded accrued leave, gratuity, pay for days worked and notice pay; claim for future salaries dismissed.
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Employment law — contractual leave pay; statutory calculation of leave benefits; contractual gratuity (25% of basic pay); salary arrears for days worked; future salary claims as unjust enrichment; notice pay; hearing in absentia where respondent aware.
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26 December 2023 |
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Complainant failed to prove an employment relationship; employment claims dismissed and hire counter-claim dismissed for lack of jurisdiction.
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Employment status — employee vs independent contractor — control test and whether work is integral to employer's business — burden of proof in employment claims — jurisdictional limits of Industrial Relations Court for commercial hire disputes.
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20 December 2023 |
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Summary dismissal for gross misconduct upheld; damages and pension claims dismissed, leave to appeal granted.
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Employment law — wrongful v unfair dismissal; disciplinary procedure and natural justice; summary dismissal for gross misconduct; discrimination claims burden; entitlement to terminal benefits requires pension contributions.
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15 December 2023 |
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A live-in domestic worker was held entitled to accrued leave, severance (from transition date), separation package and notice pay from the respondent employer.
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Employment law — Domestic worker — Employer liability where worker serves in matrimonial home — Application of Minimum Wages and Conditions of Employment (Domestic Workers) Order and Employment Code Act — Accrued leave pay, prorated severance, separation package and notice pay.
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8 December 2023 |
| November 2023 |
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Summary dismissal for being drunk on duty upheld based on reliable blood-alcohol evidence and proper disciplinary procedure.
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Employment law — unfair dismissal — drunk on duty — employer's evidential burden (s.52(5) Employment Code Act) — reliability of blood alcohol test and medical interpretation — disciplinary procedure and right to be heard.
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30 November 2023 |
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Complainant awarded leave pay, K270,000 salary arrears and access to retrieve goods; counterclaims dismissed and costs awarded.
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Employment law — unpaid salary arrears and accrued leave — proof and admissible quantum; claim inflation at trial; counter‑claims dismissed for want of prosecution; costs for unreasonable conduct under Rule 44; trial in absence after proper service; interest at commercial bank deposit and Bank of Zambia lending rates.
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23 November 2023 |
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3 November 2023 |
| October 2023 |
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Employee deemed confirmed after probation; termination by redundancy was unlawful and unfair—six months' salary awarded.
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Employment law — redundancy vs retrenchment; confirmation after probation; employer duty to give notice and consult under Employment Code (s55); right of re‑employment after redundancy (s57); requirement for genuine reorganisation, selection criteria and board authorisation; measure of damages for unlawful/unfair dismissal.
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26 October 2023 |
| September 2023 |
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Redundancy established: employees awarded statutory redundancy pay and salary arrears; accrued leave claim failed; joinder refused.
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Employment law — redundancy versus retrenchment — application of Employment Code Act s.55; computation of redundancy pay (pre- and post-9 May 2020); entitlement to salary pending unpaid redundancy (s.55(3)(b)); statutory exemptions to annual leave (SI No.48 of 2020); joinder of third parties — requirement of evidential basis.
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22 September 2023 |
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Complainant entitled to accrued leave and salary, but not statutory gratuity absent a qualifying long-term contract.
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Employment law — jurisdiction to file complaint out of time; accrued benefits payable despite dismissal; gratuity under Employment Code Act 2019 applies to long-term contracts only; distinction between permanent and long-term contracts; non-retroactivity/contractual entitlement to gratuity.
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6 September 2023 |
| August 2023 |
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Expatriate employee unlawfully terminated without reasons; awarded 12 months' salary, redundancy and mental distress claims dismissed.
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Employment law — Expatriate employment and skills-transfer — Requirement to give substantiated reasons for termination (Employment Code Act s52) — Unilateral withdrawal of notice invalid without consent — Unlawful but not wrongful termination — Damages: 12 months' basic salary — Redundancy and mental distress claims dismissed.
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21 August 2023 |
| July 2023 |
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Registrar granted leave under s85(3) to file an out-of-time complaint, finding the delay not deliberate and imposing a 14-day deadline.
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Industrial Relations Act s85(3) — Registrar's discretionary power — Leave to file out-of-time complaint — Delay not deliberate — 14-day filing deadline.
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10 July 2023 |
| June 2023 |
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Probation dismissals require statutory assessment and hearing; failure renders dismissal unfair, unlawful and compensable.
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Employment law — probation — statutory procedural requirements (assessment, communication, right to be heard) — management status vs unionised employee — re‑designation under Minimum Wages and Conditions of Employment (General) Order — prohibition on contracting out of mandatory Employment Code provisions — remedies: damages, statutory underpayments, severance, interest.
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22 June 2023 |
| February 2023 |
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Employer failed to prove bona fide operational requirements; terminations were unfair and damages awarded (five months' salary each).
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Employment law — redundancy v. termination — operational requirements — burden of proof on employer under s.52(5) Employment Code Act — unfair/unlawful dismissal — damages.
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13 February 2023 |
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Employer dismissed employees without charge or hearing; dismissals held wrongful and unfair, awarding 24 months' salary as damages.
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Employment law — Employment status — wrongful and unfair dismissal — breach of natural justice and s.52(3) Employment Code Act — damages (24 months’ salary) — suspension without pay — costs for unreasonable delay.
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10 February 2023 |
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Employment performed in Zambia is governed by Zambian law; summary dismissal without a hearing is unfair and attracts damages.
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Employment law — Governing law for contracts performed in Zambia — Incorporation of external terms — Wrongful v. unfair dismissal — Requirement to give valid reasons and hearing before summary dismissal — Remedies: damages, notice pay, return of employer property — Counterclaim must be pleaded.
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3 February 2023 |
| January 2023 |
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Employer's financial inability did not establish redundancy; employees entitled to notice pay, accrued leave and gratuity post-Act commencement.
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Employment law — redundancy v operational requirements — section 55 Employment Code Act — notice entitlement (s.53) — accrued leave — gratuity entitlement under Employment Code Act (25% for long-term contract period) — assessment by Deputy Registrar — interest and costs.
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20 January 2023 |
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Termination for employer financial difficulty is not automatic redundancy; employees entitled to notice pay, accrued leave and post‑Act gratuity.
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Employment law — termination — redundancy v operational/financial reasons — application to oral contracts; notice entitlement; payment for accrued leave; gratuity under Employment Code Act s73; assessment by Deputy Registrar; interest; leave to appeal.
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20 January 2023 |