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Court Condemns ZESCO dismissals
By Dickson Jere
She reported for work in her usual manner. But when she turned on her computer, it showed an error and she could not access her emails. Thinking it was a system problem, she reported to the IT team, who promised to resolve the problem sooner. Her quick check with her colleagues computers showed that all was well but only her computer. She continued to work until late in the afternoon when she was given a letter declaring her redundant!
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Three other workers – an Engineer, Accountant and Public Relations officer – were also fired at the same time in similar fashion on the pretext that ZESCO was reorganizing.
The lawyer – who was on permanent and pensionable employment – was traumatized and suffered mental anguish as a result of the treatment she was subjected to by ZESCO.
She sued, with the three others, for unlawful and wrongful dismissal in the High Court and further asked for special damages for mental distress and anguish. She was also assistant company secretary.
During trial, she led evidence in Court that she was treated for stress related illness at hospital, which even affected her ears.
The Judge, having analyzed the evidence, found that indeed she was mistreated and her redundancy was unlawful and wrongful, together with her colleagues.
“The termination had a toll on her health. She was ill for four months following her redundancy and almost lost her sense of hearing,” the Court observed.
“Apart from the abruptness of the termination, I find that the redundancy led to an impairment that required medical attention,” Judge William Mweemba said and awarded three months gross salary for mental stress.
The Court further awarded the former employees 24 month gross salaries as compensation for both unlawful and wrongful redundancy and additional 6 months salaries as punitive damages especially that jobs were difficult to find in Zambia.
“In the case at hand, the redundancies were done in an arbitrary manner and the complainants were clearly ambushed in the whole exercise,” the Judge observed, adding that normal redundancies are done in a planned manner and workers informed in advance.
The Court noted that the four were sacked at the instigation of the ZESCO Managing Director on the pretext that company was restructuring but the same positions were filled by other people without approval from the Board.
“The dismissals of the complainants were made in bad faith and for seemingly a malicious purpose and disguised as redundancies,” the Judge observed.
“The power and authority to declare employees redundant is in my view vested in the Board of Directors,” he concluded after it was demonstrated that there was no Board when the redundancies were made by the MD.
Case citation – Kasumpa Mwansa Kabalata and others v ZESCO Limited (Comp/IRCLK/87/2019) and Judgment was delivered two months ago.
What is very significant in this case is that the lawyer and another employee brought medical records to Court and showed how the dismissals affected their health. They were awarded damages for mental anguish while the other two were denied the damages for lack of evidence.
Note that this is not legal opinion on the subject matter. For legal advice kindly seek the services of your lawyer.
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