47 ex-ZNS employees sue state

GRACE CHAILE-LESOETSA writes@sunzambianFORTY-SEVEN former Zambia Nation Service (ZNS) employees have sued the State seeking a declaration that they are entitled to the retirement benefit according to the Land Development Unit (LDS) conditions of service.Mr Goodfellow Maundu and 46 others seek the Lusaka High Court’s declaration that the Long Term Service bonuses which they were receiving every after five years did not amount to retirement benefits.They want the Court to order the State to pay them their retirement benefits due and payable to each one individually and the same be calculated in accordance with the LDS conditions of service.The 47 further want the State to pay interest on all amounts found outstanding, including on retirement benefits as from the dates of retirement to the date of final payment and payment of judgement interest ,legal costs and any relief the Court may deem fit.In their statement of claim filed in the Lusaka High Court on December 10,2020, the 47 cited the Attorney General as the respondent in the matter.Mr Maundu and other states that on various respective dates beginning in 1984, they were employed in various positions in the Ministry of Agriculture and Water Development under LDS unit and under the LDS conditions of service of 1979, which were consequently replaced by the 1983 conditions.But in July 1989, there was a Presidential Pronouncement dissolving the LDS , consequent to which they (47 ex-workers) were moved from LDS to ZNS.Upon migrating from LDS to ZNS, the ex-workers continued to discharge the same functions for which they were employed and retainer the same salaries enjoyed in LDS.It was a term of the LDS conditions of service of 1979, as the 1983 conditions of service did not specify the formula for calculating retirement benefits, that retirement benefits (shall be) 70 percent final month basic pay multiplied by the number of years.In breach of the said term, upon reaching retirement age and consequently being retired, the former employees were not paid their retirement benefits according to the LDS conditions of service.Mr Maundu and others will show that the State erroneously treated their long term service bonuses as retirement benefits contrary to their conditions of service and as a result, in some cases, they were merely paid their monthly contributions.They claim that in some cases, they were issued with notices to vacate the service accommodation before being paid their retirement benefits and in some cases their repatriations.The 47 ex workers stated that they have made several attempts with government including the office of the Attorney General to have their benefits paid” Despite the Plaintiffs having issued demands for payment of the amount outstanding, the defendant (Attorney General) has failed and or neglected to settle the same,” they said.