Zampost asks Concourt to interpret certain provisions of the law
By Staff Reporter
THE Zambia Postal Services Corporation has asked the Constitutional Court to determine whether employees of a company who resign at their own volition but are entitled to prorated gratuity should be retained on the payroll if their prorated gratuity is not paid upon resignation.
And Zampost also wants the court to determine whether employees whose permanent and pensionable employment was mutually crystallised and immediately offered new employment but later resign at their own volition should be retained on the payroll if their crystallised terminal benefits and prorated gratuity is not paid upon resignation.
Zampost has cited the Attorney General in this case.
And Zampost has further asked the court to determine whether employees who resign at their own volition to take up better paying jobs but are entitled to terminal benefits and prorated gratuity based on the above should be retained on payroll.
In an affidavit in support of originating summons filed in the Concourt registry, Sitali Nawa who is Zampost assistant manager human resources, stated that Zampost was an employer of over 1,000 employees in different categories and some employees are in permanent and pensionable employment whilst others were on contract employment.
Nawa stated that in the course of employment, there has been instances where Zampost and some of its employees have mutually crystallised the permanent and pensionable employment and immediately entered into a new employment offer on a contract basis.
He stated that there has been a good number of resignations from employees who were on contract whether they were permanent and pensionable and that most of the resignations were in favor of better paying jobs.
Nawa explained that some of the employees had a clause in their contracts that entitle them to prorated gratuity upon termination of contract.
He stated that the Constitution as amended defined a pension benefit to include a pension, compensation, gratuity or similar allowances in respect of a pensions service.
Nawa also stated that the Constitution as amended further provided for prompt and regular payment of a pension benefit and that the Constitution as amended also provided that where a pension benefit was paid in a person’s last working day, that person shall stop work but their name shall be retained in payroll until full payment of the pension benefit.
The applicant stated that following the amendment to the Constitution, the question has arisen as to whether employees who resign at their own volition should be retained in the payroll by the applicant.
Nawa stated that the Constitution as amended did not intend to cover for employees who resign at their own volition but rather retirees or retrenchees or employees who have successfully served their contract period and are in formal employment.
He stated that it was for this reason that they have asked the court to interpret those issues.