DaveandLinda

My daughter and son in law have dual British and now Australian citizenship and are usually resident in Australia. My son in law is now working in Zambia in the copper belt for a Canadian company and certain issues have arisen resulting in him wanting to lodge a grievance against the company.




Does anyone know which employment law would apply in this instance? Would it be Canadian employment law as the employer is a Canadian company or would he have to rely on the Zambian law?

scot47

Zambian Law, surely ! What makes you think it should be Canadian Law ? If someone works in the US for a Swedish Company, what legal system prevails in employment law to him ?

DaveandLinda

Well, I'm not sure. His contract is with the Canadian company so surely this is the legal document.

thistlehollyberry

I don't think Canadian employment law would have any jurisdiction in Zambia.

SanDiegogirl

From your post it would appear that the "issues" are to do with the employment contract. If so, then it is the employer that you need to take up the issues with initially.

A country's employment laws are a broad based set of laws which cover wages and hours of work, safety and health standards, employee health and retirement benefits, and federal contracts; but specific elements of an employment contract - benefits, bonuses, flights home, provision of accommodation etc etc should be taken up with the employer.

DaveandLinda

Thanks, but if he can't get any satisfaction from the company then presumably he would have to fall back on finding out whether his employer has acted illegally according to Zambian employment law.

christmasoompa

Does his contract not say something like 'this contract is governed by the laws of xxxx'?

scot47

You cannot simply choose what jurisdiction applies to a contract.

SanDiegogirl

Yes......

scrubbedexpat099

He would need to talk with a Zambian Employment Lawyer, assuming there is such a thing, and that he is under a local employment contract.

Pulaski

It would depend if he was hired by the "head office" and sent to Zambia or hired on a local contract in Zambia. His contract should say, and as someone else said, should state which country's law the contract was signed under.

ededed

And where he's paid from....

DaveandLinda

Thanks everyone for your replies. Will investigate further.