Investrust Bank Zambia has been dragged to court by its ex-Branch Manager for unlawful dismissal. The ex-branch Manager has stated that her employment termination was wrongful,unfair and unlawful amounted to constructive dismissal
Details of the matter are that on or about 20 October 1993, Dorothy Chibwe was employed by Investrust Bank to serve as a bank clerk and during her course of employment, she rose through the ranks up to the position of Branch Manager, a position she held from 2014 to 14 February 2021.
According to information seen by the Zambian Business Times-ZBT, by way of an internal memo dated 8th October 2020, the bank informed its staff that it had concluded its alleged organization restructuring programme which was to be implemented from October 2020 to 31st December 2020.
By a letter dated 16th October 2020, Chibwe was informed that her role and position of branch manager, at the Soweto Market Branch had been restructured and that was to be effected on 1st January 2021.
Accordingly, Chibwe was advised to apply for vacant positions in the bank that were to be circulated and that she would be informed in due course of the bank’s decision.
Sometime in December 2020,Investrust Bank placed an online job advertisement which was later followed up by a similar advert in the Zambia Daily Mail edition of 20 January 2021.T his was after she had been informed that her role and position of branch manager had been declared redundant.
On or about 19 February 2021, Chibwe received a notice of redundancy dated 14 January 2021 by which she was notified of her last day of work being 14 February 2021. This notice apparently referred to a letter to Chibwe dated 20 October 2020 which stated that Chibwe would automatically transition to redundancy upon failing to secure an alternative position in the bank.
“To the contrary, the plaintiff avers that she never received the letter dated 20th October 2020, a fact well known to the defendant”.
“Notwithstanding the defendant’s communication that the plaintiff’s role and the position of Branch Manager had been declared redundant the plaintiff will aver that she in fact handed over to the defendant’s employee who took over as branch manager of the defendant’s Soweto Market Branch.This is the same position the plaintiff occupied before the purported redundancy herein”
According to the plaintiff, the bank’s actions and omissions herein breach the redundancy provisions of the Employment Code Act of 2019 and Chibwe will further demonstrate that Investrust Bank’s actions and omissions herein breach the mandatory provisions of the bank’s conditions of service for non-unionised employees which guide on what ought to happen when there is a valid redundancy.
The bank’s actions and omissions herein amount to discrimination as Chibwe’s ‘similarly circumstanced’ colleagues in the positions of Branch Manager have remained in the service of the bank.Chibwe reiterates that she handed over to the bank’s employee who took over her role and position as Branch Manager.
The bank’s actions and omissions herein in addition to being wrongful,unfair and unlawful amount also to constructive dismissal of Chibwe.
“The plaintiff will rely on the Constitution of Zambia and the Employment Code Act, among other laws,in support of the averments herein. Consequent to foregoing events, the plaintiff avers that she has suffered ridicule, odium, contempt and defamation or embarrassment generally from right thinking members of the public”
Particulars of defamation/embarrassment include people believing that the plaintiff is incompetent and she misconducted herself.
The plaintiff shall further aver that she is unable to secure employment consequent to the purported redundancy and despite being a limited liability company the bank is a parastatal or public entity and thus ought to act with fairness at all times and all efforts to amicably resolve this matter have failed.
The plaintiff is now claiming an order of reinstatement in the position of Branch Manager or its equivalent following the purported redundancy of the plaintiff’s role and the position of Branch Manager vide letter of 14th January 2021.
Chibwe is also claiming, in the alternative order, orders for damages for unfair dismissal or termination, unlawful dismissal or termination and wrongful dismissal or termination.
She is also claiming for damages for constructive dismissal, punitive and exemplary damage for the bank’s blatant disregard of the provisions of the constitution of Zambia (as amended by Act No.2) of 2016 and the employment Code Act of 2019,damages for defamation or embarrassment, further relief (s) apparent from the pleadings and facts/evidence of this matter,interest on the said damages and costs.
