Chirwa sues ZRL, demands over K15m in damages
FORMER Zambia Railways managing director, Clive Chirwa has sued Zambia Railways limited and the state demanding over K15 million special damages for premature termination of contract.
According to a statement of claim filed in the Lusaka High Court, Professor Chirwa wants a declaration that his suspension from duty and subsequent retirement as managing director of Zambia Railways on June 7 2013 was a breach of his terms and conditions of service.
Prof. Chirwa also wants a declaration that the suspension and subsequent retirement was a breach of his employment contract dated January 11 2013 and therefore null and void.
He demanded that the court orders payment of K15, 367,482. 99 being the amount owned to him including interest.
Prof. Chirwa claimed that his contract of employment was to run for five years and that it provided that in an event of premature termination of contract on grounds other than disciplinary, he would be entitled to full payment of the amount due to him for the remaining five years.
He claimed that it was also expressly provided that other general conditions that apply to management staff of the company would also be enjoyed by him. Prof. Chirwa indicated that in April 2013, then president, late Michael Sata suspended and placed him on half salary to facilitate investigations by the Anti-Corruption Commission (ACC) and that the said suspension did not state any specific allegations and nature of investigation.
He further claimed that on June 7 2013, late president Sata retired him in public interest, in total disregard to his contract.
Prof. Chirwa claimed that Zambia Railways limited refused to perform the contract and in breach of the contract, his position was advertised in the national press in July 2013.
He claimed that due to the termination of employment, he had lost the benefit of the said contract and had been greatly injured in his profession and had been put to considerable trouble, inconvenience and had therefore, suffered loss and damage.