Marcopolo Tiles countersues 127 former workers over alleged illegal strike, claims business losses

Marcopolo Tiles Company Limited has filed a counterclaim against 127 former employees in the Lusaka High Court, seeking compensation for alleged business losses stemming from what it describes as an unlawful and unprocedural strike.

The company argues that the protest, which occurred between May 2 and May 14, 2025, disrupted operations and resulted in significant revenue loss.

Marcopolo is also demanding damages for breach of duty, maintaining that the striking workers defied company protocols and industrial regulations.

The counterclaim is in response to a lawsuit filed on June 9, 2025, by Easy Hayunga, Best Hangoma, Jonathan Mwape, and 124 others.

The workers are demanding over K100,000 in compensation for what they claim was unlawful dismissal.

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The dispute centers around a 10 percent salary increment that the company allegedly included in new contracts issued in April 2025.

The workers argue that Marcopolo failed to pay arrears dating back to November 2024, and when they questioned the delay, they were dismissed without following the procedures outlined in the Employment Code Act No. 3 of 2019.

However, in its defence, Marcopolo rejected claims of unfair dismissal, insisting that all procedures were followed.

The company stated that the salary increment was not a contractual entitlement but a discretionary bonus granted by management.

It further asserted that all arrears tied to the increment were paid—minus statutory deductions such as NAPSA and PAYE—and that payslips were issued to the affected employees.

Despite this, the workers allegedly launched an illegal strike, refusing to return to work and encouraging others to do the same.

Marcopolo emphasized that disciplinary procedures were followed, with employees being charged, heard, and allowed to submit exculpatory statements.

The company claims only those who failed to show remorse or justify their conduct were dismissed, while others who expressed regret were retained.

The legal battle now pits claims of wrongful termination against allegations of unlawful industrial action, with both sides seeking redress from the High Court.

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