Masililiso & Anor v Twitti School (COMP NO. IRCLK/16/2021) [2022] ZMHC 124 (3 August 2022)

IN THE HIGH COURT FOR ZAMBIA COMP NO. IRCLK/ 16/2021 INDUSTRIAL RELATIONS DMSION HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: I . . - JUSTINE MASILILISO - SUSAN MAPANZA AND TWITTI SCHOOL 0 s AUG 2022 ~ ' - ~ 1st COI\JPLAINANT )...._ 2nd COMPLAINANT RESPONDENT CORAM: Hon. E. MWANSA Esq JUDGE APPEARANCES: e For the Complainant For the Respondent Mr. Kashumba Mutti - Lukona Chambers Mr. Maonde Sydney - Director of Respondent JUDGMENT Authorities Referred to: 1. Industrial and Labour Relations Act CAP 269. 2. Employment Code Act No. 3 of 2019. Jl 1. The two Complainants reached this Court by way of a Notice of Complaint duly filed with the Affidavit in support thereof. 2 . Brief facts which are agreed to by both parties are that the two were employed as General Workers in January. 2015 and November, 2016, respectively. 3. That on 30th October, 2020, they were informed that due to the devastating effects of the Covid-19 pandemic, the Board had directed that some classes be dropped off and as a result the number of members of staff was to follow suit. So it fell upon the two Complainants and two others. 4. It appeared that the other two were paid. So the Complainants came to Court for their dues. 5. I had occasion to hear the parties including the Respondent's Director. 6 . From the totality of the evidence there seems to be consensus that: 6.1. Leave days were due to both Complainants. 6. 2. Transport allowance was also due. 6. 3. Notice pay was to be paid to them. 6.4. Redundancy pay at two months per each year of service was already calculated but not paid. So it is due. J2 6.5. Salary underpayment of Kl SO per month for the period worked needed to be paid. 7. !here is a dispute as to whether lunch allowance was payable or not. My understanding is that firstly, there is no contract of employment which could help us look at the entitlements. And the Complainants have failed to demonstrate that they were entitled to lunch allowance. 8. Evidence in this aspect is only to the effect that they were reporting to work at 07:00 hours and knocked off at 14:00 hours. 9. They were given some money to buy sugar and some bread for the first year only at K 100 for the four of th em. 10. I have already stated that given that ther e was no con tract of employment to tell us whether or n ot lunch was an entitlement, and the Complainants have failed to show that they were entitled to it. I will not award it, for a simple reason that he who alleges must prove. The Complainants have not shown they were entitled to this lunch allowance. 11. They have equally failed to demonstrate that they were entitled to housing allowance. So that fails as well. 12. All told, there is an agreement as between the parties that what I have awarded is what is agreed even between them. J3 13. So I am r fi sa IS ied that the Complainants are entitled to a Redundancy package, leave days in lieu of notice and salary underpayment. 14. The resultant of these awards is to attract interest at the Bank of Zambia short term deposit rate from 14th January, 2021 to date of Judgment and thereafter at 6% to complete settlement. 15. Meanwhile, case 1s sent to th e Hon. Registrar for assessment of what is exactly due. 16. I so Order with costs to the Complainants. Dated this .. .... .... d ay of Jun .••••.•..•••.....•.. ....... E. MWANSA HIGH COURT JUD __....- .,..-· ~\J\:) 1~11 ~ - - - J4