Pay 36 Months Salaries For Unfair Dismissal – Court Tells ZANACO

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By Dickson Jere
An IT malfunction led to ZANACO losing money in an account of UNZA Press and Printers. After investigations, two employees were fingered by the bank and fired following internal disciplinary hearings. The two were the ones who processed the setting up of the online banking platform for the client. However, the two employees maintained their innocence and argued that the platform malfunctioned and caused the loss and nothing to do with them.
The dismissed workers – Compliance Assistant and Bank Clerk – sued the bank on the grounds of unfair, wrongful and unlawful dismissal.
At the High Court, the Judge found that they were not negligence but that the IT system had malfunctioned. She then awarded them 36 months salaries as damages for the loss of employment.
Dissatisfied, the bank launched an appeal in the Court of Appeal, arguing among other things, that the two workers caused the fraud and that 36 months salaries was way beyond the measure of compensation in employment cases. Usually, it should be the notice period of the contract as damages.
A panel of three Judges heard the appeal and decided thus:
“The trial court correctly held the Respondents were not liable for the Bank’s loss, as the fraud stemmed from a defective IT system, not their negligence,” the Judges ruled.
The court noted that the employees had in fact adhered to the Banks own E-Procedures Manual but it was the system that had failed and that the bank faced similar problems before with another account.
On the 36 months salaries as damages, the Court agreed that it was beyond the ordinary measure of damages but added that the Court can give higher compensation looking at the gravity of each case.
“Damages for wrongful dismissal are generally capped at notice period unless special circumstances justify a higher award,” the Court said.
“The trial Court was correct in awarding 36 months salary due to exceptional circumstances, including reputational damage and limited job prospects,” the Court said, adding that jobs were difficult to find these days in this sector.
Case citation – Zambia National Commercial Bank Plc v Martin Tembo and Another – Appeal No. 98/2023 and Judgement delivered yesterday on 15th April, 2025.
Lecture Notes:
1. The General damages for wrongful dismissal is usually the notice period in the contract. However, the court can give higher amounts if there are special circumstances like in this case. Others have walked away with 42 months, 24 months, 12 months or indeed 6 months in damages. It all depends on each case.

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