Court Denies Admarc’s Request to Cross-Examine 1090

The Industrial Relations Tribunal (IRC) has dismissed an application by the Agricultural Development and Marketing Corporation (Admarc) to cross-examine 1,090 applicants in a case where 3,282 former employees are seeking K52.3 billion in compensation for unfair dismissal.

Through its lawyers Alfred Majamanda and Francisco Chikabvumbwa, Admarc requested the court to allow it to cross-examine 1,090 applicants as it sought clarification from the respondents on some specific and overly personal issues.

Admarc also argued that it was obvious that the case in question had too many applicants and that cross-examining 1,090 applicants would take a long time, but given the nature of the case, there was no need to cut corners.

But in a decision dated August 29, 2024, IRC Vice President Tamanda Nyimba dismissed Admarc’s application on the grounds that it would be wrong to cross-examine the 1,090 applicants because they never appeared in court as witnesses.

He observed that the affidavit evidence presented to the court by Alex Malikebu, the first applicant, constituted the remainder of the applicants’ evidence.

The judgment reads in part: “In view of the above, I consider that it would have been highly negligent of my court to allow the cross-examination of 1090 applicants, thereby wasting valuable court time.

“A decision in favor of the defendant would have significantly slowed the steady pace at which I have tried to advance this case at every stage, given the large number of litigants involved.”

The court has since adjourned the case until September 9 for further hearing of submissions.

In February this year, former Admarc employees were awarded K52.3 billion in compensation after the IRC ruled in their favour in a case of unfair dismissal and unfair labour practices.

In January, the IRC criticised a case in which Admarc and then Agriculture Minister Lobin Lowe behaved during the restructuring that led to the closure of the state-owned produce trader last year.

Court documents show that of the K52.3 billion sought in compensation for 3,283 former Admarc employees, about K35.9 billion relates to unfair dismissals while K16.4 billion relates to unsafe and unfair labour practices.