Supreme Court of Zambia - 2022 July

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July 2022
Nakweti v Zambia Telecommunications Company Ltd (Appeal 1 of 2022) [2022] ZMSC 35 (6 July 2022) Appellant entitled to separate long service gratuity and housing allowance; defendant cannot resurrect limitation after defending on merits. Procedure — limitation defence; where defendant elects to defend on merits after Deputy Registrar dismisses limitation plea, it cannot later revive limitation as jurisdictional bar — Employment law — interpretation of conditions of service — clauses 8 (long service gratuity) and 9 (retirement benefits) are distinct — entitlement to three months' pay per year and housing allowance until benefits paid — calculation on basic salary excluding allowances; account for amounts already paid and currency rebasing.	6 July 2022

July 2022

Appellant entitled to separate long service gratuity and housing allowance; defendant cannot resurrect limitation after defending on merits.

Procedure — limitation defence; where defendant elects to defend on merits after Deputy Registrar dismisses limitation plea, it cannot later revive limitation as jurisdictional bar — Employment law — interpretation of conditions of service — clauses 8 (long service gratuity) and 9 (retirement benefits) are distinct — entitlement to three months' pay per year and housing allowance until benefits paid — calculation on basic salary excluding allowances; account for amounts already paid and currency rebasing.

6 July 2022

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