A FORMER Evelyn Hone College employee has dragged the institution to the Lusaka High Court seeking damages for dismissing him on allegations that he solicited money to issue a bursary form from one of the parents to a student at the institution.

Daniel Kabala, who has sued Evelyn Hone college as the defendant, is praying that he be reinstated to his normal duties at the institution or alternatively be compensated K300,000 for wrongful dismissal.

He also wants to be paid his dues, being his basic salary at K3,309.48, transport allowance at 20 per cent of his basic salary, housing allowance at 25 per cent of his basic salary, leave days and gratuity at 32 per cent of his basic pay and any other terminal benefits due to him with interest at the current Bank of Zambia (BoZ) lending rate from the date of dismissal to the date of judgement.

Kabala further wants damages for unlawful dismissal, damages for loss of income from date of dismissal, costs and any further order of the Court.

In a statement of claim filed in the Lusaka High Court, Kabala stated that he was a resident of Kasaka Farms, Kafue.

He stated that he was employed by Evelyn Hone College on June 6, 2007, not until on December 7, 2016, when he was dismissed.

“The plaintiff (Kabala) shall show at trial that on November 1, 2016, it was alleged by the defendant’s management that the plaintiff was alleged to have solicited for money to issue a bursary form from one of the parents to the student at the defendant college,” read the claim.

“The plaintiff shall further show that following the said allegations, he was on December 7, 2016, dismissed from the services of the college as a senior patron.”

Kabala stated that despite having shown innocence and exculpated himself on December 15, 2016 against false allegations, the college’s disciplinary committee went ahead and found him guilty of the allegations and terminated his services.

He claimed that even after being wrongly dismissed, Evelyn Hone College went ahead without his consent to use his mobile line for commercial purposes to generate funds for themselves by placing an advert in print media to all issues relating to the fees for hiring, purchasing and participating fees of gowns during the June/July, 2018, graduation ceremony where he did not benefit anything out of it.

“The plaintiff shall show at trial that, according to the Disciplinary Code, Appeals and Grievances Procedure under the Schedule of Offences and Penalties Clause 7.0 E, there is no charge given to the plaintiff to warrant dismissal,” read the claim.

Kabala stated that the defendants had erred in dismissing him as they failed to investigate further on the said allegations in accordance with disciplinary code 6.10.5 (b) as they merely acted on the allegations, contrary to what the code of conduct provides.

He further stated that the institution did err in terminating his services as they failed to charge him with a specific charge as provided for in the Disciplinary Code of Conduct Clause 6.4.1, which provides that the supervisor or other charging officer must charge an employee with an appropriate offence.

Kabala further stated that he believed that his dismissal was unlawful and irregular due to the fact that the defendants acted on a mere allegation and failed to investigate the allegations further to ensure that all the principles of natural justice were applied as provided for in the Disciplinary Code of Conduct.