Zambia embassy in US reported to employment commission
Inonge Wina has a Honorary Degree of Doctor of Laws. She is currenttly ambasssador to Belgium. She is said to be abusive of workers and fires domestic workers at random and frequently
About a year ago, the Embassy of Zambia in Washington, terminated the contract of a locally recruited staff and reportedly refused to pay her the balance of Final Entitlement.
Bu now Dolores. A. Barot has taken the embassy to the US authorities in a case where the Zambian government may end up paying money if the case succeeds.
The US Equal Employment Opportunity Commission (EEOC) has taken up the Complaint against the Embassy and is currently investigating if the Zambian embassy flouted the Civil Rights Act of 1964 or the Age Discrimination in Employment Act (ADEA).
The Embassy of Zambia in Washington, DC has been cited as Respondent to the EEOC Charge No. 570-2010-01532, the Watchdog has been fully briefed.
The Embassy has been served with the Complaint which the Embassy has to answer within a given period of time. The Office of Human Rights in the District of Columbia was also sent a copy of the Charge.
The Diplomats involved in this case are Dr. Inonge Mbikusita Lewanika (former Ambassador); Minister Counsellor Mr. Alfred Chioza; First Secretary (Accounts), Mr. Frank Mbewe; and First Secretary (Political and Administration), Mr. Chembo Felix Mbula.
Barot explained to the Watchdog that ” I am not challenging a governmental act, but was merely seeking compliance with the Employment Act and other laws. I am just fighting for my Right.”
She said that ” On September 8, [2009] I submitted a request for salary increase. On September 9, 2009, I had a meeting with FS (Pol. & Admin.), Mr. Chembo Felix Mbula and FS (Accounts), Mr. Frank Mbewe regarding my request. On September 10, 2009 I was abruptly placed under Indefinite Administrative Leave (IAL) for no particular/specific reasons.
“On November 24, 2009 I received my Termination letter retroactively effective 31 October, 2009 signed on November 5, 2009 and was postmarked/mailed on November 23, 2009. (18 days after the letter was signed)
“My termination was manipulated. I was placed under IAL without any prior offenses or warnings. I was not given an opportunity to be heard because there was no specific charge against me. It is just logical that no hearing was done because there was nothing to be heard.
These Diplomats have immunity, however, it does not mean that they could dismiss an employee at will without any justification.”
She insists that ‘My right under 14th Amendment of the US Constitution (Procedural Due Process) has been violated. My Employment was terminated without due process.”
She said that she was unlawfully terminated, yet her Terminal Benefits were not paid on the date of her termination (31 October, 2009 and 30 November, 2009).
” It was received on December 7, 2009 and on February 1, 2010, yet the amounts were understated, I was still underpaid,” she said.
“…there are two (2) dates of my Termination. As per Embassy’s Letter, my Employment was terminated, effective 31 October, 2009. As to the Notification of Termination to the State Department dated December 3, 2009, the effective date of my Termination was 30 November, 2009. There is inconsistency in dates.”
“On April 21, 2010, I sent a demand letter to the Embassy for the balance of my final entitlement plus the 50% salary for November 1-24, 2009, (the date that I received my Termination Letter) and additional 2 days for my accumulated leave.
“On May 1, 2010, I received the Embassy’s reply to my demand. Instead of the Embassy paying me, the Embassy was demanding payment from me because in the attached Computation to their Letter, the Embassy omitted my one month unused leave for 2009, thus it really showed that I was overpaid. The Officials were too proud not to accept their mistake, that they altered the said Statement,’ She explained.
Borot is of the view that the diplomats treated her unfairly because they were hiding under diplomatic immunity. But she feels that the diplomatic immunity has exceptions.
She explained that ” The Diplomatic Immunities and Privileges Act - Zambia: Chapter 20 – Article 31 (c):
Article 31 (c)
A Diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:
(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside of his official functions.
My Contract of Employment is commercial activity in nature, thus the Zambian Diplomats are not immune from civil suit.
It is stated in Article 31 (4):
“The immunity of a diplomatic agent from the jurisdiction of the receiving State (USA) does not exempt him from the jurisdiction of the sending State (Zambia).”
She said that “since these diplomats had abused their authorities to the detriment and shame of the Zambian Government and Her people, these officials should be accountable for their actions when they were back in Zambia.”
Barot believes that other Zambian diplomats will learn a lesson from this because “the Zambia Embassy had previously terminated so many locally engaged staff without due process, especially those in the Ambassador’s Residence, who were even brought from Zambia.”
12 Responses to Zambia embassy in US reported to employment commission
Go Social
Jane B , I LEAVE THIS QUESTION FOR YOU. IF WHAT THESE ZAMBIAN DIPLOMATS DID TO DELORIS WAS DONE TO YOU…….., YOUR MOTHER……. or YOUR SISTER……………, WHAT WOULD YOU FEEL AND DO?????????? ANSWER, HONESTLY…….
m.m. - September 14, 2010
14:45
There is need to have clear contracts that spell out when pay will be linked to performance and increments. The issue of the legacy appointing relatives in missions is neither her or there. Even Clinton got the friends from Arkansas to the White House and Bush came with the Texas cowboys, while Obama relied on the buddies from Chicago.
Even at State House the Tribal Ipi’s like Dickson Jere have only two qualifications, being a nephew to RB and corresponding as a paparazzi. So what do you expect with such experience that RB is bringing to the country. If you sow monkeys you get peanuts.
Bryan - September 13, 2010
21:15
Jane B,
My advice is the above-mentioned diplomats should have done the right procedure. In the US, the 14th Amendment of the US Constitution (Procedural Due Process) should be followed. Even the Employment Act of Zambia should be followed. Under Zambia EA, there should at least be three warnings before an employee is dismissed or fired.
Who are you to advice Embassies not to hire person like Doloris, have you worked with her? These diplomats had acted like God, they should be accountable for their acts.
m.m. - September 13, 2010
18:25
we can say that its problem Rupiah’s relatives in embassies, they think they are in Zambia where there are no laws. This case will end up costing Zambia a lot of money
Employment - September 13, 2010
17:55
You guys get a life. I can’t believe you are spending time to discuss a dismissal case that occurs thousands of miles away….
ZWA FUSEKE!! - September 13, 2010
13:50
This case still hasn’t been resolved namanje?
the 3y3 - September 13, 2010
10:22
She’s done the right thing so that all embassy staff are aware of the law and obligations they have to meet even if they are diplomats. In modern day society it is not taboo to ask for pay rise,if the embassy officials had a problem with her on that,they should have explained to her how the system works and who approves salaries instead of suspending her & eventually sacking her.I see someone saying the embassies should not employ foreign staff,it doesn’t work that way,there are rules governing that in every country,it’s all about equal opportunities and equal pay and that is the very reason the lady in question is seeking clarification by relevant authorities,let’s wait to hear the outcome. Even here in the U.K i have observed that the Zambia High Commission has employed a British woman as receptionist,it’s alright after all she’s actually more polite than our own people at the high commission,it’s all about equal opportunities,we have to adhere to the universal rules.
JIGGA - September 12, 2010
10:44
This person has been circulating their grievance online for the past year.Whilst there may be some validity in the grievances raised,i beg to say that this is not the right forum to go about resolving the matter.If the matter has been referred to an Employment Tribunal,why do you perpertually use the media to further your cause?Can we in future employ only Zambians resident in host countries to do these jobs as they may be more patriotic.On the other hand, i have previously met people who have been unfairly sacked at the London Embassy and this was even in the Chiluba Govt.
Makweti MN - September 12, 2010
08:46
Lets get our facts right. If someone is hired and demands pay increase it is not the Embassy that determines salaries but the government of Zambia. The US has laws that protects workers but workes can be fired at will. We are not told the all the facts about this matter, all we are hearing is the worker who was fired. The story stresses what the embassy did and not what the employee did. in future it will be great if stories are written with clearity. As a Zambian I feel our country is being short changed by foreigners we hire and then turn on us in the name of rights. When an employee employer relationship become unamicable it is better to terminate that relationship. The conflict here was, as i gather from the story, she was not happy with the salary. Local staff are not paid in the same way as diplomats and they have a choice to get jobs where they can be paid more money. It is completely unjust to force our government to pay her more money than we can afford. If she is that skilled and well trained, why didn’t she look for a well paying job. As Zambians, lets not politicise everything, there people out here who think that they can take advantage of our countries. These officers are not friends of President Banda, they are civil servants. How would they justify a pay increase which they have no authority to sanction. If this case succeed, that will be a great surprise. My advise to Embassies, please stop hiring these people like Doloris. The is the work of Ben Kangwa again. What country are you working for when you always want to make yours look bad.
Jane B - September 12, 2010
04:01
Please, should RP be blamed for every thing, Who appointed Inonge Lewanika, Is
it RB, Whose Child is Chombo Mbula. None of these people at the embassy are RB people. These are part of the Legacy, and If RB fires them you complain by saying he is against Mwanawasa people
Sometimes it is you - September 12, 2010
02:06
This is not the only case, their is more abuse in other embassies and missions, they should be checked even if they immunity, give the local staff what they deserve. Some bring some people drom home and are paid pea nuts, And they call themselves diplomates without respect and following the law of the land
Chabala Mukuka - September 12, 2010
01:28
That is the problem with Rupiah’s relatives in embassies, they think they are in Zambia where there are no laws. This case will end up costing Zambia a lot of money
Mongole - September 11, 2010
17:38