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Supreme Court of Zambia - 2003 March

3 judgments
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3 judgments
March 2003
Anthony Khetani Phiri v Workers Compensation Control Board (APPEAL NO. 53 of 2003; SCZ NO. 2 OF 2003) [2003] ZMSC 185 (4 March 2003)
Employee not entitled to redundancy where statutory transfer preserved employment and employee refused offered alternative employment.
  • Employment law — redundancy — repeal of employer-establishing statute — effect on continuity of employment; Statutory transfer under s.149 preserves continuity; Offer of alternative/lateral employment and employee's refusal excludes redundancy claim; Accrued rights and effect of repeal.
4 March 2003
National Breweries Ltd v Nzowa (Appeal 21 of 2002) [2003] ZMSC 182 (4 March 2003)
Dismissal upheld where employee disregarded employer's instruction to use truck meters despite calibration problems.
  • Employment law — wrongful dismissal — employee misconduct for failing to follow employer's measurement instructions — defective calibration/tampering as contributing factor — appellate review for misdirection by tribunal.
4 March 2003
Phiri v Workers Compensation Control Board (SCZ 2 of 2003) [2003] ZMSC 9 (3 March 2003)
A statutory transfer preserving the same business is not redundancy; refusal of lateral transfer amounts to resignation, barring redundancy.
  • Employment law — statutory repeal and transfer of staff — continuity of employment — redundancy under Section 26B — alternative/lateral transfer offered and unreasonably refused — technical extinction of former employer
3 March 2003