Variation of a contract of employment

Question 1

What is variation of a contract of employment

Answer 1

Change of the terms of a contract of employment

Question 2

What section of the ECA provides for variation of a contract of employment

Answer 2

S23(2) requires mutual consent before variations to the contract can be made

Question 3

What happens when an employee does not consent?

Answer 3

An employer may declare him or her redundant under S55(1)(c) ECA

Question 4

How does an employee consent to a unilateral variation?

Answer 4

An employee may either expressly accept the change or imply so by conduct.

Question 5

What is the law relating to acquiescience?

Answer 5

When the change goes undisputed acquiescence will apply. AG v Nachizi Phiri held that not protesting will not amount to acceptance. There must be express consent. Richard Musenyesa v Indo Bank, affirmed this. It added four(4) additional requirements for it to amount to acceptance.

Question 6

What are the four requirements in Richard Musenyesa v Indo Bank Zambia for acceptance to be inferred by conduct?

Answer 6

1. Notice of the alterations must be given
2. The employee must understand the full implications of the change.
3. There must be aware of the decision to accept or refuse the change.
4. With all the knowledge they chose to stay in employment.

Question 7

What happens when an employee remains in employment after refusing the alteration

Answer 7

Based from the decision in Engine Pertroleum v Willis Muhanga, such an employee may claim underpayment of their benefits.