The decision in Mark Tink and Others v. Lumwana Mining Company Limited is an important decision because it clarifies and restates that law that a valid reason, that is substantiated is required when an employer initiates termination of the contract of employment.
This article critiques the approach of the Court of Appeal as it relates to the award of damages. This article seeks to provide clarity as it relates to the award of damages, particularly the way is granted and justified. It is suggested that when the opportunity arises either the Court of Appeal or the Supreme Court should revise its guidance with respect to the award of damages in employment matters.
The position of this piece has been that the common law position on damages is no longer tenable and needs to be revised. In other words, the common law rate of damages only applies where the common law right to terminate without a reason was permitted. The statutory intervention on the other hand does away with the common law and thus the rate of damages must also alter.
"Mark Tink and Others v. Lumwana Mining Company Limited CAZ Appeal No. 41/2021,"
SAIPAR Case Review: Vol. 5:
3, Article 14.
Available at: https://scholarship.law.cornell.edu/scr/vol5/iss3/14