Mulungushi University

Distance Education
Business Law II (LIR 252)
Assignment 2

Question
Winston Phiri has worked for Katundu Ltd, a furniture manufacturer, for the Last 20 years on an
‘as and when required’ basis. He is originally from Malawi, but has lived in Lusaka since he was
four years old. He is now 54.
All of Winston’s documentation from Katundu Ltd states that he is self-employed factory
worker. He works at different location, dictated to him by Katundu Ltd. He has never worked for
anyone else. He is given a company van and tools to use. However, he is paid in cash every
month and is responsible for paying his own tax and contributions to NAPSA. He is paid less
than the employees of Katundu Ltd but is scared to do anything about it as he feels he is getting
too old to do manual work and will find it difficult to find work elsewhere. He has always
suspected that he is paid less because he was born in Malawi as all the rest of the employees
were born in Zambia.
Winston comes to you seeking help. By making reference to relevant statues and cases, kindly
provide a legal opinion on the following:
1. Explain whether Winston is an employee or a self-employed contractor. [ 5 marks ]
2. A comprehensive discussion on the concept of dismissal in Employment Law,
considering the various types of dismissal. [ 10 marks ]

Instructions
 The Assignment should be 5 to 6 pages.
 You must cite at least six (6) academic references.
 Acknowledge your sources and use proper in-text citations, preferably Harvard
Referencing style.
 Ensure to go through and edit your work before submitting
 Submit the hard copy. A soft copy must also be submitted to
dumisaningoma07@gmail.com
 Lecturer: Mr. Dumisani Ngoma
Due date: On or before 17th April 2017