“Overtime payment” covered under the head “bonus” in the Terms of Service, Appeal allowed: SC of Zambia

Supreme Court of Zambia: A 3-Judge Bench comprising of CJ Mambilima and Kaoma and Kajimanga, JJS., allowed appeal where remuneration for overtime work was claimed.

Facts leading to this appeal was that appellant was the employer of respondent governed by Quicksave Limited Conditions of Service. Employment of respondent was terminated resulting in the filing of complaint to Industrial Relations Court where she prayed for payment of her accrued overtime amount. Appellant reply asserted her to be employed as a sales lady getting commission on sales. The Court favoured the respondent for payment of overtime. Appellant had preferred this appeal against the above order in favour of respondent on the ground that Court erred in deciding that respondent was entitled to get paid for overtime.

Appellant submitted that the issue of overtime work and payment by Minimum Wages and Conditions of Employment Act, were applicable to protected employees and since she was in management the Act was not applicable. Whereas respondent firmly admitted her prayer for overtime payment from her date of engagement, as sales lady to the point when she was appointed as depot manager and thus the Act mentioned above was applicable to her.

Supreme Court was satisfied with the evidence presented by appellant of payment of overtime in name of a bonus as provided in Clause 12 of the Terms of Service i.e. commission of 1% on the total sales. Hence, respondent was entitled to receive a bonus for overtime work which the respondent was already receiving, therefore, the order of Industrial Relations Court was declared wrong and was set aside. [Quicksave Limited v. Sarah Mubambe, Appeal No. 30 of 2016, dated 10-10-2018]

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