DISMISSED Road Transport and Safety Agency Chief executive officer Zindaba Soko has taken the institution to court, seeking payment for three months salary in lieu of notice (terminating his contract without notice).
Soko, who is demanding damages for breach of contract, wants the Lusaka High Court to compel RTSA to pay him a full gratuity, pursuant clause 19.1.2 of the contract.
According to his statement of claim filed Soko said that he was employed at RTSA as director and chief executive officer on a three-year contract effective January 4, 2013.
Soko said after the expiration of the contract, he continued to work for RTSA on the same terms as the expired contract.
He stated that on March 4, 2016, he signed a new contract with the Agency in the same capacity and the same terms as the previous contract save for remuneration.
He claimed that the contract of employment provided for three months notice of termination or payment in lieu, payment of full gratuity if employment is terminated for any reason save on grounds of conduct or performance and purchase of personal to holder motor vehicle upon termination of contract.
Soko said following the expiration of the contract on January 3, 2019, he continued employment on the same terms as the expired contract and was subsequently appointed on RTSA’s board of directors on August 8, 2019.
He disclosed that by a letter dated September 11, 2019, RTSA purported to terminate his employment effective September 12, 2019 and he was also paid gratuity on a pro-rated basis contrary to clause 19.1.2 of the contract.
“Prior to delivery of the letter dated September 11, 2019, the defendant (RTSA) without notifying the plaintiff withdrew his personal driver, who was at the material time assigned to collect his children from school, leaving the children stranded at school until late in the evening when school authorities notified the plaintiff, occasioning mental anguish and stress on the plaintiff and his minor children,” Soko said.
He claimed that due to the decision by RTSA to terminate his contract, he has suffered loss and damages and is now claiming payment of monthly salaries from the date of termination until full gratuity is paid to him.
Soko wants to be offered his personal to holder motor vehicle pursuant to clause 13.2.1 of the Agency’s conditions of service.
He is also seeking damages for breach of contract, mental stress, and any further ancillary relief, interests and costs.