The judgment clarified that failure to follow established disciplinary codes renders a dismissal unlawful, even if the employer believes they have valid grounds for termination. Impact on Zambian Labor Law
: Whether the plaintiff had sufficiently proven that the writ of summons was served on the Zambia Railways Board. botha v zambia railways board
A defendant does not need to show a "meritorious defense" if the initial service was fundamentally flawed. 3. Evidentiary Requirements The judgment clarified that failure to follow established
The Board contended that the standard of proof in internal disciplinary hearings is the ordinary civil standard—the balance of probabilities (more likely than not). Since the shunter’s evidence suggested it was more likely than not that Botha took a bribe, the dismissal was valid. the dismissal was valid.