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John Galagata and Specioza Daka have completed their studies in Accounts at Mulungushi International University. They see advertisements of their jobs in the Times of

John Galagata and Specioza Daka have completed their studies in Accounts at Mulungushi International University. They see advertisements of their jobs in the Times of Zambia Newspaper by Choma Co-operative Society, and they apply promptly. Both are invited to attend interviews on separate dates. John is successful with the interviews but is not appointed and told to wait. Specioza is less impressive with the interviews, but because she was known to her uncle who was on the panel of interviewers, she was preferred to John, and was immediately appointed. John writes to the Secretary of the interviewing committee for an explanation as to why despite performing better, he had not been appointed. The secretary invited John for a verbal chat in which he explained to him that the Co-operative reserved the right to appoint any one at its pleasure. He is not satisfied and approaches for advice. What would your advice be? Secondly, Specioza is also not happy with the contract she is given. She is informed that the contract which states that she will be deployed anywhere in Zambia, is a permanent contract for two months and thereafter renewable after each year. The condition for renewal is Specioza must satisfactorily perform her duties without any mistakes. Secondly, the contract states that she should not work anywhere else after Mulungushi. Her first contract runs from 1st January 2023 to December 2023. In October 2023, the Human Resource Manager (HRM) writes to her that her contract will expire in three months time, and that she will be offered a new three months contract whose terms she will find in the manual. She is advised to sign the letter offer if she is agreeable and return it. She signs the letter and returns it to the HRM. When She receives the manual later on, it stipulates that her position would be opened up through advertisement and that as a holder she was free to apply for the same position she was holding. She applies, attends interviews and is later informed that she was not successful. So, she loses her position. Both John and Specioza wish to file a complaint with the Industrial Relations Court and have approached you for advice on the legal grounds to back their complaint. What would your advice be taking into consideration the relevant laws and previous judgments on similar employment issues?

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