Dismissed Banker wins 36 months gross pay

THE Court of Appeal has upheld the High Court’s decision to award former Standard Chartered Bank Zambia head of legal, compliance and company secretary, Celine Meena Nair 36 month’s gross salary as damages for being abused.

This was after the court established that Ms Nair was constructively dismissed from employment.

This is in a matter where the bank had appealed against the judgment of then High Court Industrial Relations Divisions Judge, Martin Musaluke which found that Ms Nair had been constructively dismissed by the bank.

Justice Musaluke who is now Constitutional Court judge said in his judgment delivered on October 12, 2018 that the bank failed to follow its own grievance procedure and started telling mendacious statements about the process, as such a breach was committed. “The law is settled that where an employer fails to investigate an employee’s complaint or grievance, malice on the part of the employerwill be implied,” the judge said.

He awarded Ms Nair a 36 gross months salaries as damages. Dissatisfied with the High Court judgement, the bank appealed to the court of appeal and filed nine grounds.

But a panel of three Court of Appeal judges dismissed the appeal by the bank saying all the ninegrounds of appeal lacked merit.

In the judgment, judges Justin Chashi, Judy Mulongoti and Florence Lengalenga upheld Justice Musaluke’s decision saying he was on firm ground when he established that Ms Nair was constructively dismissed from employment.

The judges said they could not fault the trial judge when he found that the acts and words of abuse were part of a series of breaches for which Ms Nair was entitled to resign.

“It is trite law that even one act of breach is sufficient for the employee to resign and succeed on a claim of constructive dismissal,” Justice Mulongoti said. Justice Mulongoti held that the door slamming incident by Okai instigated by the whole managing director of the bank was appalling and sufficient to entitle Ms Nair to resign.

“He shamelessly participated in it and asked others to join . We are of the view that this act disrespected the respondent and inflicted pain on her and entitled her to not trust the appellant because of the managing director and to leave,” Mr Justice Mulongoti said She said that the bank was vicarious liable for Mr Okai’s actions adding “we agree that the door slamming spearheaded by Mr Okai to inflict pain on the respondent was a breach of the Implied term that the parties especially the employer will treat the employee with respect”

“All in all we find no merit in all the grounds of appeal,” Justice Mulongiti said.