The Respondent, Mr. Kapya Chisanga was alleged to have disclosed information to people, without authority. Following this, he was summarily dismissed. The Respondent challenged his dismissal in the High Court alleging that his dismissal was wrongful, unlawful, and unfair. The High Court held that the Respondent’s dismissal was wrongful, unlawful, and unfair, and granted 24 months salary as damages. The employer subsequently appealed the matter to the Court of Appeal for determination.
The Court of Appeal held that before an employer summarily dismisses an employee, the employee must be subject to a due process. According to the Court of Appeal, because of section 52(3) of the Employment Code Act which imposes an obligation on all employers to afford employees charged with misconduct or poor performance with an opportunity to be heard, an employer can no longer summarily dismiss an employee without affording them a chance to be respond.
"Emporium Fresh Foods Limited t/a Food Lovers Market and Gourment Market Limited v. Kapya Chisanga CAZ Appeal No. 44/2021,"
SAIPAR Case Review: Vol. 5:
3, Article 12.
Available at: https://scholarship.law.cornell.edu/scr/vol5/iss3/12