Termination of employment by way of summary dismissal is allowed under Zambian law, but it comes with conditions.
There must be good reason
A summary dismissal requires a good reason. Without one, the employee may have a grievance claim against the employer.
The four-day reporting rule
Under section 50(2) of the Employment Code Act, a summary dismissal must be reported to the Labour Officer of the district in which the employee was working, within four days of the date of dismissal.
This is a procedural obligation on the employer, and it is frequently overlooked.
If you have been summarily dismissed, it is worth establishing whether that report was made. The absence of it is relevant.
Grievance claims
Where a dismissal lacks proper basis, or where the process was not followed, a grievance claim can be brought.
What to gather
- Your contract, and its category — long-term, short-term, permanent, casual
- The date you were contracted, relative to 9 May 2019
- Payslips showing basic pay
- Any letter or communication stating the reason for dismissal
- Records of any disciplinary process
- NAPSA statements
Document as you go
Records made at the time carry more weight than reconstructions. If a disciplinary meeting is held, note what was said and when. If you are asked to sign something, read it before signing.
The pre-2019 population
Remember that employees contracted before 9 May 2019 remain under the previous law. If you are in that group, your entitlements — particularly around gratuity — may differ substantially from a colleague hired later.
Establish which regime applies to you before assuming anything.
Where to go
The Labour Officer for your district is the first point of contact, under the Ministry of Labour and Social Security.
Where a union represents your workplace, it is often the fastest route to resolution.