Pay ex- boss, court or­ders NATSAVE

Daily Nation Newspaper - - HOME NEWS - By CHARLES MUSONDA

THE Ndola High Court, In­dus­trial/ Labour Di­vi­sion, has or­dered the Na­tional Sav­ings and Credit Bank (NATSAVE) to pay its former man­ag­ing di­rec­tor Cephas Chabu for wrong­ful dis­missal from em­ploy­ment. In this case, Mr. Chabu sued NATSAVE for wrong­ful dis­missal on al­le­ga­tions of poor per­for­mance and al­leged cer­tain im­pro­pri­eties. Mr. Chabu told the court that he was em­ployed as NATSAVE man­ag­ing di­rec­tor on or about July 28, 2011 for three years with ef­fect from June 21, 2011. He said on or about Jan­uary 1, 2015, the con­tract was re­newed and was to ex­pire on De­cem­ber 31, 2017. Mr. Chabu sub­mit­ted that six months prior to ex­pi­ra­tion of the said con­tract and with­out any hear­ing on the rea­sons for dis­missal, NATSAVE ter­mi­nated his em­ploy­ment on June 29, 2017. He there­fore claimed dam­ages for un­fair and wrong­ful ter­mi­na­tion of em­ploy­ment, re­spon­si­bil­ity al­lowance at 20 per­cent of ba­sic salary from 2008 to 2011 on dual roles as head of trea­sury and busi­ness de­vel­op­ment; and re­spon­si­bil­ity al­lowance as project spon­sor for the core bank­ing sys­tem mi­gra­tion from Au­gust 2014 to March 2017 at 20 per­cent of ba­sic salary. He fur­ther claimed a dec­la­ra­tion that he was en­ti­tled to pur­chase the ex­ec­u­tive 4x4 per­sonal to holder ve­hi­cle at the net book value, in­ter­est and costs. But NATSAVE claimed an or­der for the pay­ment of K133, 776.11 be­ing the out­stand­ing bal­ance un­paid on the loans Mr. Chabu ob­tained, an or­der for him to sur­ren­der the Toy­ota Land Cruiser he was us­ing as his per­sonal-to-holder ve­hi­cle, any other re­lief the court may deem fit, and costs. De­liv­er­ing judg­ment in the mat­ter, Judge Der­rick Mu­lenga con­cluded that it was clear that Mr. Chabu had proved on the bal­ance of prob­a­bil­i­ties that NATSAVE un­fairly, wrongly, and un­law­fully ter­mi­nated his con­tract of ser­vice. Mr. Jus­tice Mu­lenga there­fore awarded Mr. Chabu 12 months’ salary as dam­ages for un­fair, wrong­ful, and un­law­ful dis­missal from em­ploy­ment. He also found that the role Mr. Chabu was given as project spon­sor for the core bank­ing sys­tem mi­gra­tion en­ti­tled him to 20 per­cent of his monthly ba­sic salary for the ex­tra work he per­formed and that it was un­fair for NATSAVE to deny him the said en­ti­tle­ment. “I there­fore, find and hold that the com­plainant has proved his claim on the bal­ance of prob­a­bil­i­ties for re­spon­si­bil­ity al­lowance at 20 per­cent of his then ba­sic pay for the pe­riod Au­gust 2014 to March 2017… “Fur­ther, hav­ing found the ter­mi­na­tion of the com­plainant’s em­ploy­ment un­fair, wrong­ful and un­law­ful, I find and hold that he is en­ti­tled to pur­chase the per­sonal-to-holder mo­tor ve­hi­cle…the com­plainant hav­ing suc­ceeded on three of his claims, he is awarded costs to be taxed by the court in de­fault of agree­ment.”

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