27/10/2025
DISMISSAL IS AGAINST THE LAW.
‎Dismissal of an employee is a highly procedural process in any business environment.
‎It requires internal hierarchical confirmation and approval inside the organization and out side the organization.
‎Internally, every organization has an internal grievance handling procedure policy that should be exhausted by the *Organization and the HR before arriving to a dismissal of an employee.
‎If a policy is not in place, the contract of employment should have grievance and complaints lodging channels which can resolve internal issues quickly and informally.
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‎Employee (Self procedure)
‎If the employee feels their dismissal procedure or outcome was unfair, the employee has the right to:-
‎First step: verbally & internally request for an internal resolution and mediation for an early conciliation.
‎Second step: if an internal hearing has been held but the employee feels the outcome is still unfair. The employee has the right to make an internal formal appeal in writing.
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‎Out side (External) organization adjudicators, scrutineer and labour auditors who inspects the dismissal process include:-
‎1. Ministry of Labour and Social Security (MLSS). Its departments and the labour commissioner, which is the governing body responsible for overseeing and enforcing labour laws and ensuring standards are adhered to.
‎2. Office of the Labour Commissioner at the Ministry of Labour and Social Security Which inspects and enforces labour compliance of every process, procedure and parameters. To ensure HR's comply with the legislation such as the Employment Code Act No. 3 of 2019 and to promote industrial harmony.
‎3. Trade Unions which are advocates for workers' rights and conditions through collective bargaining with organization and HR's.
‎Eg:- The Zambia Congress of Trade Unions (ZCTU) of 1964 and other numerous unions that exist for specific sectors.
‎4. Federations that advocates for its members and engages in employee - Employer social dialogue.
‎5.Industrial Relations Court (IRC) through a Labour Tribunal which takes up the matter if all mediation stages failed.
‎Which is the final and highest legal authority for labour matters in Zambia.
- ‎Court procedure: The court will hear evidence from both sides to determine if the dismissal was unfair.
- ‎Burden of proof: The employee bears the burden of proving that the dismissal was unfair.
remedies: If the court finds the dismissal was unfair, it may order one of the following:
‎Reinstatement of former job.
‎Re-employment in a different capacity.
‎Compensation for loss of employment.
‎Note: All these stage's and processes have pre-requisites, flow of commands and time limits.
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: All Human Resource workers are Employees, they are not the owners of the organization, they act as the middle-man between the Employees and the Employer. Therefore, they are affiliated, licenced and regulated by Zambia institute of Human Resource Management (ZIHRM).
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‎An HR can only dismiss a worker, Only:-
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‎1. When there is a breach in conduct - beyond reasonable doubt.
‎3. When there is overwhelming evidence after an HR internal investigation.
‎4. When a hearing has been held.
‎5. When the offender is guilty.
‎6. When all parameters have been followed.
‎7. As and When the Office of the Labour Commissioner at the Ministry of Labour and Social Security has been engaged within 48 hours.
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, an HR is a center pivot (representative) of:-
1. ‎ The government, concerning it's citizens welfare.
‎ 2. The Employees rights
3. ‎ The Organization interest
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