Court rejects Admarc bid to cross-examine 1090
The Industrial Relations Court (IRC) has dismissed an application by Agricultural Development and Marketing Corporation (Admarc) to cross-examine 1 090 applicants in a case where 3 282 former employees are demanding K52.3 billion compensation for unfair dismissal.
Through its lawyers Alfred Majamanda and Francisco Chikabvumbwa, Admarc asked the court to allow it to cross-examine 1 090 applicants because there were some specific and too personal questions they wanted the respondents to clarify on.
Admarc also submitted that it is evident that the case at hand has too many applicants and that cross-examining 1 090 applicants would consume a lot of time, but regarding the nature of the case, there was no need to cut corners.
But in a ruling dated August 29 2024, IRC deputy chairperson Tamanda Nyimba dismissed Admarc’s submission on the basis that it would be wrong to cross-examine the 1 090 applicants as they never presented themselves in court as witnesses.
He observed that the affidavit evidence which Alex Malikebu, the first applicant, presented in court, formed the rest of the applicants’ evidence.
Reads the ruling in part: “With the foregoing in mind, I believe it would have been highly remiss of my court to allow cross-examination of 1090 applicants, thereby squandering precious judicial time.
“Ruling in favour of the respondent would have absolutely decelerated the steady pace at which I have been trying to progress this matter at every stage given the huge number of litigants involved.”
The court has since adjourned the matter to September 9 for continued hearing of submissions.
In February this year, the former Admarc employees quantified their compensation at K52.3 billion after the IRC ruled in their favour in a case on unfair dismissal and unfair labour practices.
The IRC in January faulted a matter in which Admarc and then minister of Agriculture Lobin Lowe conducted themselves during the restructuring that led to the State produce trader’s closure last year.
Court documents show that out of K52.3 billion compensation claims for 3 283 former Admarc employees, about K35.9 billion is for unfair dismissal while K16.4 billion is for unsafe and unfair labour practices.
