Industrial Relations Court of Zambia - 2016 May

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4 judgments

Citation	Judgment date
May 2016
Chisanga and Others v Mopani Copper Mines PLC and Others (COMP 94 of 2012) [2016] ZMIC 17 (24 May 2016) Applicants dismissed for unauthorised work stoppage; unions did not authorise meeting and are not liable. Labour law – unauthorised withdrawal of labour/illegal strike – union instruction – duty to represent members – disciplinary procedure – natural justice – reinstatement exceptional remedy.	24 May 2016
Meghani v Mount Meru Petroleum (COMP 113 of 2014) [2016] ZMIC 15 (24 May 2016) Work-permit invalidation after criminal conviction terminated employment by operation of law, but employer must pay terminal dues. Employment law – termination by operation of law owing to work-permit invalidation after criminal conviction; entitlement to terminal dues; suspension pending criminal proceedings; burden of proof on complainant.	24 May 2016
Chimfwembe v Offshore Logistix Limited (IRC/ND 27 of 2016) [2016] ZMIC 16 (18 May 2016) Interlocutory injunction to compel union recognition refused for lack of clear right and demonstrated irreparable harm. Labour law – Interlocutory injunction – Recognition agreement – Union membership – Requirement of clear right and irreparable injury – Preserve status quo pending trial.	18 May 2016
Ng'onga v Alfred H. Knight (Zambia) Limited (COMP 49 of 2015) [2016] ZMIC 14 (9 May 2016) Dismissal was wrongful for breaching disciplinary rules and natural justice; penalty substituted and three months' damages awarded. Employment law – unfair dismissal – failure to follow disciplinary procedures and natural justice – written charges and right to be heard – substitution of penalty – damages awarded.	9 May 2016