Fired Public Service Workers Who Were On Contracts, Removed From Payroll

1

FIRED PUBLIC SERVICE WORKERS WHO WERE ON CONTRACTS, REMOVED FROM PAYROLL

Lusaka-4th May 2022

Government has removed from the payroll all contractual employees, who recently lost their jobs.

In a circular: Public Service Management Division Circular No. B25 of 2022, PSMD Permanent Secretary, Margaret Miyoba has ordered the removal of such employees from the payroll.

“This serves to inform the addressees that the Constitutional Court ruled in the matter of Anderson Mwale & Others VS Zambia Open University 2021/CCZ/001.

She said under that Judgment employees serving on contractual terms of appointment are not eligible to be retained on the payroll pending payment of their gratuity.

She said the gratuity was determined as NOT a pension benefit.

This is contrary to the Constitution that states;

  1. “(1) A pension benefit shall be paid promptly and regularly”
    “(2) Where a pension benefit is not paid on a person’s last
    working day, that person shall stop work but the person’s name
    shall be retained on the payroll, until payment of the pension benefit
    based on the last salary received by that person while on the payroll.”

The decision by PSMD has affected former Permanent Secretaries, Ambassadors and other Diplomats, District Commissioners, public officials such as heads of State owned enterprises and government agencies that were on contracts but were terminated and but have not been paid their dues.

In the 2021-CCZ-001-Anderson Mwale & 2 Others Vs Zambian Open University,Justice; Hilda Chibomba, A.M. Stali, M.S. Mulenga, M.M.Munalula and M Musaluke, determined that an employee on a fixed term contract is NOT entitled to pension benefits or redundancy pay as such employees can only be entitled to gratuity at the end of thier contracts no matter how long it took to settle it.

LEAVE A REPLY

Please enter your comment!
Please enter your name here