Zambia
Arrangements at the end of secondments (case law)
Impact date: 6 February 2026 A recent High Court case considered whether an employer unlawfully deprived an employee of salary and benefits by failing to redeploy her and failing to pay her while she remained available and willing to work.
The court ruled that that the employer had unlawfully deprived the employee of salary and benefits in circumstances where her secondment ended on 7 September 2022 and she was neither redeployed nor reinstated to the payroll, leaving her unpaid for approximately 17 months until the judgment on 8 February 2024. It ordered that she be reinstated and paid full salary and benefits for the entire period of deprivation.
Employer implications/action needed Employers must treat secondments strictly as a temporary assignments, not a transfers, and clearly define what will occur when a secondment ends. An employer cannot lawfully cease paying salary merely because the employee is not being allocated work. Where an employee remains available to perform duties and has not withdrawn their labour, the employer retains a primary obligation to pay wages and maintain employment benefits.
Employer risk Misclassifying or mishandling a secondment exposes employers to significant financial liability, including arrears of salary and full benefits for the entire period of deprivation.
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Secondment terms (case law)
Impact date: 6 February 2026 A recent Court of Appeal case considered whether police officers seconded to the Bank of Zambia were entitled to the Bank’s Conditions of Service or remained secondees governed by their original terms.
The High Court held that the officers were entitled to the Bank’s Conditions of Service. On appeal, the Court of Appeal found that the officers were secondees and therefore not automatically entitled to the Bank’s employment terms. The court characterized the matter as unsuitable for determination on a preliminary issue, set aside the High Court decision, and remitted the case for a full trial.
Employer implications/action needed Employers must ensure that they sign clear agreements with staff seconded to their facilities. Secondment agreements must expressly state whether internal policies, government circulars, or host-institution conditions apply.
Employer risk Poorly drafted or informal secondment arrangements may expose employers to unexpected financial liabilities, disputes over applicable conditions of service, and protracted litigation, particularly where terms appear inconsistent with rules or internal policies.
No retirement after dismissal (case law)
Impact date: 18 February 2026 A plaintiff claimed entitlement to retirement gratuity on the basis that they had reached retirement age, in addition to severance benefits. The employer argued that because the plaintiff had been dismissed, the provisions relating to early or normal retirement, both of which require a separate, agreed process, did not apply.
The High Court held that an employee who is dismissed cannot subsequently be treated as retired for the purposes of receiving a retirement gratuity. Instead, the employee is only entitled to the repayment of accrued superannuation and retirement contributions, together with any other accrued benefits up to the dismissal date. The court confirmed that an employee who is summarily dismissed is entitled only to wages and “other accrued benefits due… up to (pro‑rated) the date of dismissal.”
Employer implications/action needed Employers and pension fund administrators must ensure that dismissed employees are paid all accrued benefits up to the dismissal date, including any contributions or entitlements accumulated.
Employer risk Failure to pay accrued benefits on dismissal exposes employers to litigation and potentially significant legal costs.
Contact
Grace Chalwe Chilekwa Deputy Managing Partner – Head Of Dispute Resolution and Employment
E: grace.chilekwa@abdavid.com T: +260 211 258 403
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