Under Zambian law, an employer may only dismiss an employee summarily (immediately) in specific circumstances. These include: gross misconduct inconsistent with the employment contract; wilful disobedience to a lawful order; lack of skill the employee was warranted to possess; habitual or substantial neglect of duties; continual absence without permission or reasonable excuse; or misconduct under the employer's disciplinary rules where summary dismissal is the prescribed punishment [Employment Code Act, S.50].
When an employer dismisses an employee for any lawful cause, the employee has a right to receive all wages and other accrued benefits due up to the date of dismissal [Employment Code Act, S.51]. This payment must be made on the date of dismissal itself. If an employer fails to pay these amounts, the employer is liable to an administrative penalty [Employment Code Act, S.51].
The law also provides special protections: an employer cannot dismiss an employee in connection with maternity leave [Employment Code Act, S.43], and dismissal on medical grounds is only appropriate where a medical practitioner determines the employee cannot fulfil their contract due to illness or accident, typically after six months without recovery or in cases of permanent disability.
If you believe your dismissal was unlawful or procedurally unfair, you should seek advice from a labour officer or legal representative, as you may have grounds to challenge the dismissal.