Statutory Rights and Conditions of service

Question 1

Section 5 of the ECA

Answer 1

Provides for non discrimination in a workplace

Question 2

Section 95 of the ECA

Answer 2

Provides for employment policies, procedures and codes which includes an HIV/AIDS policy, a health and wellness policy, harassment policy etc

Question 3

Kitwe city council v William ng’uni

Answer 3

Employee who alleges harassment and victimization must report complain immediately not as an aftermath

Question 4

Reed and Bull limited v Stedman

Answer 4

An employer has a duty to investigate an occurrence of sexual harassment, failure to do so is an an of breach of the duty to trust and confidence

Question 5

James Zulu and 3 others v Chilanga

Answer 5

Salary includes allowances that are paid together with the salaries on a periodic basis

Question 6

Section 27 of the ECA provides for the probation period

Answer 6

Prohibition period is a work test period where both employee and employer decide if the employee is suitable for the job..this must not exceed 3 months

Question 7

Victimization

Answer 7

refers to the unjust and unfair treatment of an employee putting them in a state of being a victim

Question 8

Section 7 of the ECA provides for casualization

Answer 8

Casualization is the process of making a permanent work in nature a short term employment contract with employees

Question 9

Section 8 of ECA prohibits forced labour

Answer 9

Forced labour involves work and service given to someone by threat and it’s done involuntarily

Question 10

Forced labour exceptions

Answer 10

1. Compulsory military service
2. Civil obligations
3. Prison labour
4. Communal services
5. Work in emergency situations

Question 11

What is the normal working age

Answer 11

Section 16 of ECA states that an employee must not be below 15yrs

Question 12

Types of leave

Answer 12

1. Annual leave under Section 36
2. Sick leave & medical discharge under section 38
3. Compassionate leave under Section 39
4. Family responsibility under section 40
5. Maternity leave under Section 41
6. Mother’s day under section 47
7. Paternity leave under Section 46
8. Forced leave under Section 48

Question 13

Section 58 of the ECA provides for retirement

Answer 13

States that employment contracts expire by reason of retirement

Question 14

Redundancy is provided under Section 55

Answer 14

Redundancy is when an employee isn’t employed anymore because the job ceases to exist

Question 15

Section 55(2) of the ECA under redundancy

Answer 15

Employer who intends to terminate contract through redundancy shall give notice, afford employee opportunity to consult and they are entitled to a redundancy package

Question 16

National Milling co v Simataa

Answer 16

If an employer varies in an adverse way a basic condition without the employee’s consent the contract is rendered to have been terminated and employee redundant