Foster Talala Tembo & Ors v Casino Marina (APP/IRCLK/212/2020) [2020] ZMHC 484 (6 November 2020)

Rl IN THE HIGH COURT FOR ZAMBIA APP/IRCLK/212/2020 INDUSTRIAL RELATIONS DIVISION HOLDEN AT LUSAKA (CIVIL JURISDICTION) BETWEEN: FOSTER TALALA TEMBO & OTHERS COMPLAINANT AND CASINO MARINA . ~\"\[PT f. Q ... BEFORE / , -/'0:."-~ I I .k~t<LL -~i O 6 NOV 2020 : , - .. -·- SEAL RESPONDENT N. JOSHUA BANDA, GISTRAR Tl R U L I N G In this matter, Foster Talala Tembo and others applied for leave to file the complaint out of time. The Applicants relied on the Affidavit in s~pport of the application. They submitted that the delay was because of the engagements between the parties to settle the dispute amicably. In response, the Respondent opposed the application and relied on the affidavit in opposition. Further, the Respondent relied on the list of authorities and written submissions. I have duly considered the affidavit evidence as well as the R2 submissions made. In summary, the Applicant in requesting for leave to file complaint out of time submitted that the delay was caused by many attempts of excuria settlement of the dispute. The Respondent on the other hand argued that the excuses for the delay are not valid hence the application is incompetent. I have considered the general submissions made by both parties in this matter. The issue of leave to file a complaint out of time has been addressed by the superior courts in relatively recent decisions. The case of Zambia National Commercial Bank v. Martin Musonda and 58 others as well as Louise Kakoma v. Investrust Bank PLC APP/IRCLK/191/2017 are well instructive. In the later case the High Court stated: "Section 85(3) of the Industrial and Labour Relations Act is not applicable in this case considering that the events giving rise to the dispute between the Complainant and Respondent occurred after the amendment to the R3 Constitution." For the aforestated, the Applicant should proceed to file the substantive complaint accordingly as the event that gave rise to the dispute occurred after the Constitution amendment Act No. 2 of 2016 there is no need for leave of the Court. The Applicants should therefore proceed to file their complaint within 14 days from the date hereof. Dated the ............................... day of ......... .................. ..................... 2020 • I \ . ~·- <:, '\. I·, ----. ......__,