Court orders Zesco to compensate Chitundu

Cyprian Chitundu

The Industrial Relations Court has ruled that Cyprian Chitundu was wrongfully dismissed from Zesco.

In this judgement, Chitundu had sued Zesco for unlawful dismissal.

In a judgment delivered yesterday, High Court judge Martin Musaluke ordered Zesco to pay Chitundu twenty four months salary including allowances he was entitled to as compensatory damages for unfair dismissal.

“The claim for wrongful dismissal succeeds and the first respondent is ordered to pay the complainant nine months salary including any allowances he was entitled to as compensatory damages. The claim for leave pay for the period 15 February, 2015 to 7 September, 2015 succeeds and the respondent is ordered to pay the complainant, ” judge Musaluke ordered.

Judge Musaluke also awarded costs to Chitundu.

He said Chitundu’s termination of employment could be said to have been inflicted in a traumatic way which caused undue distress on him.

“No explanation was presented at trial why such a decision was made after the complainant executed the contract of employment guaranteeing him stay at the first respondent only to be put on forced leave after two days. Further, the complainant was awaiting redeployment for over six months until 7th September, 2015 when his contract was abruptly terminated without being redeployed as earlier informed,” said judge Musaluke.

         

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