By SYLVESTER MWALE –
THE Lusaka Industrial Relations Court has awarded former Kitwe SOS Children’s Village director Victor Chileshe 24 months’ salary as damages for wrongful dismissal from the international organisation.
Judge Martin Musaluke said in his judgment that the international organisation should also pay six months’ salary as compensation for mental distress and humiliation suffered by Mr Chileshe as a result of his abrupt dismissal.
Mr Chileshe was one of the employees who were dismissed in 2013 under a short stint of SOS Zambia national director Bwalya Melu who resigned and left the country. He decided to sue claiming that his sacking was illegal, wrongful and unfair.
“In sum, we order the respondent (SOS Children’s Village Zambia) to pay the complainant 30 month’s salary damages and compensation,” Mr Musaluke said.
“The complainant had adduced evidence and proved that the provisions of the SOS Children’s own disciplinary code and grievance procedure were not adhered to by the respondent when it dismissed the complainant from employment.”
According to the SOS Children’s Village’s disciplinary code and grievance procedure, Mr Chileshe was supposed to be charged by deputy national director Mwamba Mutale, who was his immediate supervisor.
However, the court established that the procedure was ignored as then national director Mr Melu charged Mr Chileshe.
Judge Musaluke said that Mr Melu had constituted a wrong disciplinary committee from Government ministries instead of constituting a select committee of the board of trustees to hear Mr Chileshe’s case as per organisation’s establishment.
After the dismissal, the appeals committee, which consisted of a select committee of the board of trustees, recommended the reinstatement and redeployment of Mr Chileshe.
However, the court noted that the organisation disregarded the recommendation and decided to dismiss Mr Chileshe.
“We, therefore, find that the procedure used by the respondent to dismiss the complainant was contradictory and legally flawed. For this reason, the dismissal was illegal and wrongful,” Judge Musaluke said.
