Kapi Quintin Masuwa v Vision Fund Zambia Limited (APPEAL NO. 167/2023)
Kapi Quintin Masuwa v Vision Fund Zambia Limited (APPEAL NO. 167/2023) [2025] ZMCA 155 (4 December 2025)
Charging the appellant with a second offence based on the same facts for which he had already been exonerated was an abuse of process and breached the rules of natural justice and double jeopardy. The dismissal was unfair as the charge of gross misconduct was not supported by facts. The appellant was not constructively dismissed as his employment was terminated by dismissal before his resignation became effective. The appellant is entitled to damages for unfair dismissal.
Source excerpt
- Unfair dismissal
- Constructive dismissal
- Double jeopardy
- Damages