Anthony Khetani Phiri v Workers Compensation Control Board (APPEAL NO. 53 of 2003; SCZ NO. 2 OF 2003) [2003] ZMSC 185 (4 March 2003)

Anthony Khetani Phiri v Workers Compensation Control Board (APPEAL NO. 53 of 2003; SCZ NO. 2 OF 2003) [2003] ZMSC 185 (4 March 2003)

The appellant was not declared redundant as the business continued under the new Board, he was offered continued employment in the same capacity, and his refusal to accept the transfer constituted resignation. Therefore, he was only entitled to benefits payable on resignation, not redundancy.

Citation
[2003] ZMSC 185
Parties
Appellant: Anthony Khetani Phiri; Respondent: Workers Compensation Control Board
Court
Supreme Court of Zambia
Jurisdiction
Zambia
Judgment Date
4 March 2003
Case Number
APPEAL NO. 53 of 2003 ; SCZ NO. 2 OF 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Redundancy, Transfer of Employment, Accrued Employment Rights, Statutory Repeal, Resignation
Source Language
English
Employment Law Statutory Interpretation Redundancy Transfer of Employment Accrued Employment Rights Statutory Repeal Resignation

Case Brief

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Parties

Anthony Khetani Phiri

Appellant

Workers Compensation Control Board

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to a redundancy package upon the repeal of the Workers Compensation Act and creation of a new Board
  2. 2 Whether the appellant's employment was terminated by redundancy or resignation
  3. 3 Whether accrued employment rights were affected by the statutory changes

Ratio Decidendi

The appellant was not declared redundant as the business continued under the new Board, he was offered continued employment in the same capacity, and his refusal to accept the transfer constituted resignation. Therefore, he was only entitled to benefits payable on resignation, not redundancy.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent to be taxed in default of agreement.