Dr Kasolo was wrongly dismissed by ZCCM-IH, rules Court of Appeal
By Ernest Chanda
THE Court of Appeal has awarded former ZCCM-IH chief executive officer Pius Kasolo six months’ salary for wrongful dismissal.
Dr Kasolo was dismissed in 2019 from the Zambia Consolidated Copper Mines Investment Holdings (ZCCM-H) where he was chief executive officer.
The board did not advance credible reasons for his dismissal, as stated by the Court of Appeal judgment.
After his dismissal on February 1, 2019, Dr Kasolo sued ZCCM-IH in the industrial labour relations division of the Lusaka High Court for unfair dismissal.
Dr Kasolo contended that he had been traumatised by, among other things, social media comments related to his dismissal and that his employer did not give valid reasons.
However, judge Egispo Mwansa dismissed Dr Kasolo’s case in his judgment dated June 30, 2022.
Judge Mwansa averred that there was no wrongful dismissal as complained of by Dr Kasolo.
But Dr Kasolo appealed judge Mwansa’s judgment in the Court of Appeal.
And in its judgment delivered by judge Anessie Banda-Bobo, the Court of Appeal agreed with Dr Kasolo that his employment termination was wrong and done in a traumatic manner.
The matter was presided over by three Court of Appeal judges namely Banda-Bobo, Mubanga Kondolo and Betty Majula.
“We agree with the appellant that his employment termination was done in a traumatic manner. Further, that the same caused him undue stress and mental suffering. The learned judge ought to have considered the evidence proferred by the appellant in that regard. It was not enough in the circumstances of the case and in view of the evidence adduced by the appellant to find as he did,” judge Banda-Bobo said. “We have had sight of social media publications appearing from pages 613 to 633, record of appeal where the appellant, a chief executive officer, was mercilessly trolled by social media users… We are of the view that the appellant discharged the burden of proof, showing how traumatic his dismissal was to him. His dismissal therefore warrants an award of damages that are beyond the common law measure.”
She subsequently awarded Dr Kasolo six months’ salary as damages for wrongful dismissal.
“We find merit in the appeal and it succeeds on all grounds. The decision of the learned judge in the lower court is set aside. We award the appellant six months’ salary as damages for wrongful dismissal. The same shall attract interest, which interest is to be calculated according to the judgment Act. This being an industrial and labour relations case, each party shall bear their own costs,” ruled judge Banda-Bobo.