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Supreme Court of Zambia - 2004 October

4 judgments
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4 judgments
October 2004
Zesco Ltd v Sule and Ors (Appeal 170 of 2002) [2004] ZMSC 126 (26 October 2004)
Whether employees were validly retired under LASF or wrongfully made redundant during employer reorganisation.
  • Labour law — retirement v redundancy — LASF Act ss.26 and 28 — ZIMCO Conditions of Service — wrongful variation of basic terms (zero-grading) — entitlement to redundancy/surplus-labour compensation (Circular HRA/07/01) — retrospective salary grading for terminal benefits — interest and repatriation.
26 October 2004
Choma Milling Company Ltd v Simpemba (Appeal 132 of 2004) [2004] ZMSC 125 (18 October 2004)
Appeal dismissed for raising only factual findings; IRC’s factual awards on excess leave and inclusive terminal benefits upheld.
  • Industrial and Labour Relations Act s97 — appeals limited to points of law or mixed law and fact; employment conditions — accrued/excess leave payable where employer suspends/postpones leave; calculation of terminal benefits — whether basic salary includes allowances; entitlement to purchase company vehicle on retirement; appellate jurisdiction and limits on factual reappraisal.
18 October 2004
Emmanuel Chisenga v Zambia National Commercial Bank Plc (Appeal No. 63 of 2003) [2004] ZMSC 134 (15 October 2004)
An assessing judge lacked jurisdiction; assessments must not add allowances or fresh evidence beyond the original judgment.
  • Industrial and Labour Relations Act (s.3(1), s.89(2)) — composition and jurisdiction of IRC — assessing court must act within scope of substantive judgment — assessment cannot introduce fresh evidence or allowances not ordered — improper to draw adverse inference from non-production of payroll where payroll irrelevant — remittal to full bench.
15 October 2004
Dusan Kermavner v Wardle (Appeal 15 of 2003) [2004] ZMSC 5 (12 October 2004)
The appeal was withdrawn by consent and the respondent ordered to bear the appeal costs, agreed or in default taxed.
  • Civil procedure — Withdrawal of appeal by consent — Court records withdrawal and makes costs order — Costs to be agreed or, failing agreement, taxed.
12 October 2004