Workers' Rights
Dismissed on the Spot — No Hearing, No Notice
An employer fires an employee immediately with no disciplinary process
Premium
foundational
8 minutes
The Situation
What They Said
“You are fired. Pack your things and leave right now.”
Instant dismissal without any disciplinary hearing is extremely common in Zambia, particularly in small and medium businesses, domestic service, and informal employment. Many employers believe they have the absolute right to dismiss at will. Zambia's Employment Code Act 2019 directly contradicts this — even where genuine misconduct exists, a lawful dismissal requires that the employee be told the allegations in writing, given a reasonable opportunity to respond, and that the employer genuinely consider the response before deciding. An on-the-spot dismissal fails every part of this test.
The Fallacy
Employer Absolute Authority Fallacy
The employer treats dismissal as an unrestricted managerial right requiring no process. This is false under Zambian law. The Employment Code Act 2019 makes any dismissal that does not follow fair procedure automatically unfair — regardless of whether there was a valid underlying reason. The fallacy suppresses the employee's procedural rights by presenting the employer's word as final. Even summary dismissal for gross misconduct requires a hearing.
What the Law Says
Your Legal Foundation
Employment Code Act No. 3 of 2019
Section 50 — Fair Termination Procedure
“An employer shall not terminate the employment of an employee unless the employer gives the employee written notice of the reason for the intended termination and an opportunity to respond to the notice before a decision is made.”
Your employer was required to give you written reasons and allow you to respond before making any termination decision. A verbal on-the-spot dismissal with no written notice and no hearing is unlawful regardless of the stated reason.
Employment Code Act No. 3 of 2019
Section 51 — Notice of Termination
“An employer shall give an employee not less than one month's written notice of termination where the employee is employed on a monthly basis, or payment in lieu of notice.”
If you are a monthly employee, you are entitled to one month's written notice or one month's wages in lieu. Dismissal without notice or payment in lieu is an additional breach of the Act.
Employment Code Act No. 3 of 2019
Section 54 — Remedies for Unfair Dismissal
“Where the Industrial Labour Tribunal finds that a dismissal is unfair, it may order reinstatement, re-engagement, or compensation not exceeding three years' wages.”
File your claim with the Labour Commissioner and proceed to the Industrial Labour Tribunal if unresolved. Remedies include reinstatement, re-engagement in a comparable role, or significant compensation.
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What They'll Say Next
Common Counter-Arguments
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They might say: “You signed a contract that says the employer can terminate immediately — so you have no rights.”
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They might say: “This is summary dismissal for gross misconduct — no hearing is required.”
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