Monday, December 21, 2009

Ex-employee sues BP Zambia for K900m

Ex-employee sues BP Zambia for K900m
By Maluba Jere
Mon 21 Dec. 2009, 04:00 CAT

BP Zambia Plc has been sued by its former employee for over K900 million being redundancy package as per his conditions of service. In a statement of claim filed in the Lusaka High Court registry, Peter Njovu sued the company claiming alternative damages for constructive dismissal and damages for mental stress.

Njovu stated that he was employed by BP on August 1, 1995 as management accountant on a permanent and pensionable basis. He explained that he rose through the ranks from management accountant to audit manager in 1997 and senior depot manager in 1998.

Njovu stated that in 1999, he was promoted to regional cash manager and was posted by BP on secondment to its South African office in Cape Town, adding that he was still effectively an employee of the petroleum company. He also stated that whilst in South Africa, he continued to excel and was promoted to performance manager.

Njovu further claimed that in 2003, his former employer wrote to him informing him that he would be repatriated to the Zambian office where he would work in a supernumerary position with a basic salary of K6,164, 912.

He stated that he was repatriated back to Zambia on December 15, 2003 adding that between 2003 and 2005, he worked in the said supernumerary position carrying out various tasks as were addressed to him but that he was not given any substantive position contrary to the contractual promises and agreements.

Njovu averred that he was reduced to more or less a general worker status without a job and that he was later offered a redundancy package.

He also stated that the failure by BP to meet its obligations as an employer to give him substantive position as per the conditions offered and the failure not to retrench or declare him redundant was in breach of the contract and a clear demonstration of the defendant’s failure to give him a substantive position within a reasonable time or at all amounted to redundancy.

Njovu further stated that as a result of the defendant’s breach of conditions and the laisser faire attitude to his plight in the company, he became frustrated and therefore tendered his resignation letter on July 13, 2009 awaiting his redundancy package.

He added that despite his numerous demands for payment of the redundancy package, the defendant has failed, ignored or refused to pay and the amount is still outstanding.

Njovu is now claiming a sum of K926, 093, 218.00 as well as interest, costs and any other relief the court may deem fit.

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