By Dickson Jere
Standard Chartered Bank (Zambia) pays dinner allowances to members of staff who worked overtime – which typically starts at 19:30 hours. But at Kitwe Branch, the manager, encouraged his staff to claim the dinner allowances even when they knocked off early at 19:00 hours. The Branch Manager processed their dinner allowances as part of motivating them because the branch was understaffed.
The scheme was discovered by senior management of the bank who decided to fire the Branch Manager – after he was formally charged and went through the disciplinary process. He was accused of abuse of office, fraud, embezzlement and dishonest conduct. However, his subordinates were only given warning letters for the same offence.
Unhappy with the dismissal, the Branch Manager sued the bank in the High Court, arguing that he could not be given stiffer penalty of dismissal when he committed the same offence with his juniors. He was charged under the same provisions of the Disciplinary Code and therefore his punishment was discriminatory.
He prayed to be reinstated in his job, among other reliefs sought.
The High Court, after hearing the case, held that the dismissal was justified because the Manager was a senior person who should have led by example.
Dissatisfied with the outcome, the Branch Manager appealed to the Court of Appeal where a panel of three Judges determined the case after hearing from both sides.
“In his position, he held a higher degree of responsibility and accountability, which inherently warranted greater scrutiny and stricter consequences for any misconduct,” the Judges observed.
“The differential treatment was neither arbitrary nor discriminatory,” the Judges said, adding that he admitted to authorizing the dinner allowances due to pressure from his subordinates.
The Court said “understaff and pressure” cannot be an excuse for deliberate disregard for established policies and procedures.
“It follows, therefore, that the Respondent (Bank) was justified in imposing a more severe penalty on the Appellant compared to his subordinates,” the Judges said.
For details, read the case of Lovemore Gumbo v Standard Chartered Bank Zambia Plc – Appeal No. 57 of 2023 and Judgment delivered last Friday.
In this case, the Court reiterated the well established legal principle that senior staff gets stiffer penalties because they should lead by example and show good leadership to their subordinates.
