Mfunji v Colgate Palmolive Ltd (SCZ Appeal 123 of 1997) [1999] ZMSC 64 (4 March 1999)

IN THE SUPREME COURT OF ZAMBIA SCZ APPEAL NO. 123/97 HOLDEN AT NDOLA (Civil Jurisdiction) BETWEEN: GEORGE LAZAROUS MFUNJI Appellant and COLGATE PALMOLIVE LIMITED Respondent Coram: Bweupe, D. C. J., Chaila and Chirwa JJs on 4th March, 1998 and March, 1999 For the Appellant : In Person For the Respondent: Mr. L. M. Matibini of Matabini & Co. JUDGMENT Chirwa, J. S. delivered the judgment of the court. This appeal arises from the judgment of the Industrial Relations Court which, on a complaint submitted to it by the appellant GEORGE LAZAROUS MFUNJI on wrongful demotion and dismissal, hej.d that the demotion was wrongful and ordered that he be paid full salary from the date of his demotion to date of his dismissal and further awarded three months salary for wrongful dismissal. The appeal is mainly on the quantum of damages awarded. The history of the matter is that the appellant was employed as a security guard by the respondent. His duties Included investigating cases involving company property. Sometime in September, 1993 one Agripa Jilowa bought some six empty plastic drums from the respondent but were left on the company's premises. On about 28th September, 1993 Mr. Jilowa went to Mukinge to see his sick father leaving instructions that the drums should be handed over to some ladies who would come to the premises. 2/ . . . •1 J S • >•1 1 j . >7 ; 1t * JOG . a i ‘ »0