Unmasking Corruption-Fraud In The Compensation Systems Of Zambia: A Case Of Retirements On Medical Grounds
Authors: Phiri Chidongo , Kalimaposo Kalisto , Daka Harrison , Eliphas Machacha , Tembo Pilira , Masauso Mwale , Oluwakemi Ogah Adenike 
Published: June 2024

This paper explores the real life experiences of victims of employment accidents and retirements due to the efficacy of the laws and policies governing workplace accidents. To do so the paper delves into effects of diseases and dismissals considering the inevitability of such occurrences to workers. Of concern are the effects of employment laws and policies due to industrial accidents, diseases in factories and other places of work and the subsequent retirements on medical grounds. The paper suggests remedies to these policies and laws arguing that accidents causing griefs to employees can only be reduced in occurrence and far from being completely prevented. In Zambia, the employment and the worker’s compensation Act have been the basic points of reference and engagement between employers and employees befallen by such misfortunes. Provisions of the worker’s compensation law are that employees injured or diseased in the course of duty must be compensated by their respective employers. The Employment Act is meant to supervise employment of persons and ensure compliance with standards of employment practices in Zambia. The legislation states that a contract of employment is valid whether or not it is in writing. The kind of compensation that will motivate employee to give their best to influence performance positively will depend on how much it addressed their need for status, security, and their survival. This paper used the method of inductive content analysis as the basis for analyzing data[1].The paper analyses how the health and safety conditions of employees under the Employment Act and labour conditions under the Workers Compensation Act function to save victims of workplace accidents. This comes in the wake of the experiences of one, a Mr. Nyawa who was attached to Croydon Industries Zambia limited (LTD) during his industrial break and in the process sustained injured legs, spine and left arm that left him paralysed for life. This case questions the very provisions of both the employment and the worker’s compensation Act to test. The paper is anchored on the concept of Social Justice as represented in the writings of Amartia Sen[2] with emphasis placed on the notion of human capabilities key components in his social justice conception[3].To avoid this, Sen suggests the need for political freedom which guarantees economic development and good governance practices[4]. The researchers argue that this can be achieved with fair enforcement of the law on compensation in Zambia. Two designs complement each other in this single case study of victims claiming compensation from the employer namely the Croydon Industries. It will involve extensive documentary analysis of the worker’s compensation and the employment Act and analysing the situation of the accident victims. The paper points to corruption fraud in the judicial system as the main reasons for Nyawa’s misfortunes of not being paid his compensation benefits.