A HIGHLIGHT OF ZAMBIAN COMMON LAW OF EMPLOYMENT WHICH HAS
BEEN IMPACTED BY THE EMPLOYMENT CODE ACT NO.3 OF 2019.
By James Kalokoni- LLM-Employment Law-UK, LLB-UNZA, Palo Kapula-
LLB-UNZA, Mwila Kalokoni- LLB -UNZA- Kalokoni and Company- Lusaka
Zambia
ABSTRACT
In 2019, the Zambian Parliament enacted the current Employment Code
Act No.3 of 2019 which has impacted so many aspects of the existing
Common Law of Employment. The common Law of Employment refers to
the body of law of employment, which is found in the Judgments of the
Courts. In other words, it is the Judge-made law of employment. On the
other hand, the statutory Law of Employment refers to the body of law of
employment which is found in the various pieces of legislation enacted by
Parliament to regulate the employment relationship as well as the
statutory instruments promulgated under those employment statutes from
time to time. The purpose of this article is threefold: it is, firstly, to highlight
the relationship between the Common law and Statutory law of
employment in Part One, and secondly, to adumbrate the aspects of the
existing common law of employment which have been impacted by the
current Employment Code Act No.3 of 2019 in Part Two, and thirdly, to
point out the areas of employment law in which parliament has created
room for judicial creativity in Part Three.
INTRODUCTION
In 2019, the Zambian Parliament enacted the current Employment Code
Act No.3 of 2019 (henceforth ECODE), which has impacted so many
aspects of the existing Common Law of Employment. The common Law of
Employment (CLE) refers to the law regulating the employment
relationship which is found in the Judgment of the Courts. In other words,
it is the Judge-made law of employment. On the other hand, the
statutory Law of Employment (SLE) refers to the body of law of
employment which is found in the various pieces of legislation enacted by
Parliament and the statutory instruments promulgated thereunder from
time to time such as the Statutory instruments on the minimum wage.
This article serves three primary objectives: firstly, to highlight the
relationship between the CLE and SLE in Part One, and secondly in Part
Two, to adumbrate the aspects of the existing common law of
employment which have been impacted by the current ECODE and
thirdly, in Part Three, to point out the areas of employment law in which
parliament has prompted judicial creativity on the part of Judges in terms
of developing common law.