Zambia Postal Services Corporation v Kazia (Appeal 124 of 1999) [2000] ZMSC 141 (22 March 2000)

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT NDOLA (Civil Jurisdiction) APPEAL No 124/99 BETWEEN: ZAMBIA POSTAL SERVICES CORPORATION APPELLANT AND GILBERT KAZIA RESPONDENT Coram: Chaila, Chirwa, Lewanika, JJS 3rd March, 1999 and 22 March, 2000 For the Appellant : Mr. M. C. Mukonka - Legal Counsel For the Respondent :____ Mr. J. Kabuka of Kabuka & Company_______________ __________________ JUDGMENT__________________ Chaila, JS, delivered the judgment of the court. The appellant being dissatisfied with the judgment of the lower court, has appealed against the order to pay long service bonus and also to pay the respondent this award based on current salary scale with interest at the current bank rate paid from the date of the Writ up to the date of the judgment and thereafter at 6% until full payment. The brief facts of the case were that the respondent was an employee of Zambia Postal Service Corporation, a forerunner of Zambia Telecommunications Limited, where the respondent worked. The respondent was put on suspension. Later he was discharged and he took up the matter - J2 - with the High Court. In his judgment, the learned trial Judge observed that the parties had attempted in certain areas to settle the matter and he upheld what the parties had agreed upon. The learned trial Judge awarded along service bonus. The appellant, through his counsel has argued that the learned trial Judge wrongly awarded the respondent long service gratuity and referred us to a document at page 10 of the record, which document regulated the relationship between the appellant and the respondent. The counsel submitted that the quarrel with the judgment was that the learned trial Judge only concerned himself with a minimum of 10 years, where as the evidence shows that 10 years were served in the Postal Service Corporation. They complained that the learned trial Judge took into account the period served with the Zambia National Insurance Brokers and Zambia Telecommunications. In his judgment, the learned trial Judge observed that the respondent was not coming from an outside Corporation. The learned trial Judge took into account the service or services in the other Corporations and awarded long service bonus or gratuity. We have considered the submissions of the learned counsel of both parties. We have considered the evidence on record and the judgment of the learned trial Judge. We are fully satisfied that the conclusions, which the learned trial Judge arrived at, were correct. He was on firm ground in ordering that the service or services in the three organizations were continuous and the periods accumulated to 12 years. J3 - There is no merit in the appeal. The appeal is therefore dismissed with costs. M. S. CHAILA SUPREME COURT JUDGE D. K. CHIRWA SUPREME COURT JUDGE D. M. LEWANIKA SUPREME COURT JUDGE