Mfunji v Colgate Palmolive Ltd (SCZ Appeal 123 of 1997) [1999] ZMSC 64 (4 March 1999)
The court held that the demotion was wrongful and upheld the award of full salary from the date of demotion to the date of dismissal, as well as three months' salary for wrongful dismissal. The quantum of damages awarded was deemed appropriate.
Source-derived case information.
- Citation
- [1999] ZMSC 64
- Parties
- Appellant: George Lazarous Mfunji; Respondent: Colgate Palmolive Limited
- Court
- Supreme Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- SCZ Appeal 123 of 1997
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Wrongful Demotion, Wrongful Dismissal, Quantum of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Lazarous Mfunji
Appellant
Colgate Palmolive Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the demotion of the appellant was wrongful
- 2 Whether the dismissal of the appellant was wrongful
- 3 Whether the quantum of damages awarded was appropriate
Ratio Decidendi
The court held that the demotion was wrongful and upheld the award of full salary from the date of demotion to the date of dismissal, as well as three months' salary for wrongful dismissal. The quantum of damages awarded was deemed appropriate.
Court Disposition
Appeal dismissed
Orders
- Appellant to be paid full salary from date of demotion to date of dismissal
- Appellant awarded three months' salary for wrongful dismissal
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF ZAMBIA SCZ APPEAL NO. 123/97 HOLDEN AT NDOLA (Civil Jurisdiction) BETWEEN: GEORGE LAZAROUS MFUNJI Appellant and COLGATE PALMOLIVE LIMITED Respondent Coram: Bweupe, D. C. J., Chaila and Chirwa JJs on 4th March, 1998 and March, 1999 For the Appellant : In Person For the Respondent: Mr. L. M. Matibini of Matabini & Co. JUDGMENT Chirwa, J. S. delivered the judgment of the court. This appeal arises from the judgment of the Industrial Relations Court which, on a complaint submitted to it by the appellant GEORGE LAZAROUS MFUNJI on wrongful demotion and dismissal, hej.d that the demotion was wrongful and ordered that he be paid full salary from the date of his demotion to date of his dismissal and further awarded three months salary for wrongful dismissal. The appeal is mainly on the quantum of damages awarded. The history of the matter is that the appellant was employed as a security guard by the respondent. His duties Included investigating cases involving company property. Sometime in September, 1993 one Agripa Jilowa bought some six empty plastic drums from the respondent but were left on the company's premises. On about 28th September, 1993 Mr. Jilowa went to Mukinge to see his sick father leaving instructions that the drums should be handed over to some ladies who would come to the premises. 2/ . . . •1 J S • >•1 1 j . >7 ; 1t * JOG . a i ‘ »0