by Paula Määttä

XIII. Zambia

D. Supervision and enforcement of the equal pay principle

1. Labour inspectors

The role of labour inspectors is to ensure that the minimum requirements of the legislation are put into effect in workplaces. The law gives labour inspectors full powers to enter any work place, day or night. They sometimes organise seminars for trade unionists and workers. (Simasiku 1985.)

2. The different methods of enforcement

Section 108(2) of the Industrial and Labour Relations Act of 1993 provides that any employee who has reasonable cause to believe that she has suffered any penalty or disadvantage on the grounds of sex may, within 30 days of its occurrence, lay a complaint before the Industrial Relations Court. If it finds in favour of the complainant, the Court is to award damages or compensation to the complainant for loss of employment, or make an order for re-employment or reinstatement in accordance with the gravity of the circumstances of each case.

If any person alleges that she has been discriminated on the grounds of sex, then, without prejudice to any other available remedy, that person may apply for redress to the High Court. The High Court may make an order, issue such writs and give such directions as it considers appropriate for the purpose of enforcing or securing the enforcement of protection from discrimination on the ground of sex. A right of appeal lies from the High Court to the Supreme Court.

In Zambia, no decisions have been issued by Courts of law or other tribunals after ratification of Convention No. 100 relating to the application of the equal pay.