ILLITERATE EMPLOYEE CRIES FOUL after being ‘duped’ into MUTUAL TERMINATION OF CONTRACT

By James Mutasa  

Dickson Parafini,  an Afrochine Smelting employee is crying foul claiming that he was duped by the employer into mutually terminating his contract of employment after he had spent two months on sick leave.

Parafini who claimed that he could neither read nor write told The Worker that he was misled into signing the agreement that terminated his contract of employment by the Human Resources Manager Gilbert Kwaramba and his immediate supervisor Mutungwa.

“I was very ill and l approached my employer requesting for financial assistance for medical purposes, the employer asked me to sign a peace of paper so that I can be assisted. After signing the paper, I was given money which enabled me to get medical treatment,” said Parafini.

“When I recover from my sickness I reported back for work only to be told that I had consented to the mutual termination of my contract of employment,” added Parafini.

But, Gilbert Kwaramba refuted Parafini’s assertion that he was tricked into consenting to the mutual termination of employment contract arguing that Parafini voluntarily terminated his contract of employment.

According to the mutual termination agreement parties mutually agreed to terminate the contract of employment by consent, in terms of Section 14(4)(b) of the Labour Act [Chapter 28:01).

“The parties desire to record the terms and conditions of such mutual termination,’’ reads part of the mutual agreement, which went on to state that, “The parties have mutually agreed to terminate the contract of employment by consent, in terms of Section 14(4)(b) of the Labour Act [Chapter 28:01).

In the mutual termination Afrochine had agreed that it would pay Parafini one (1) month's full salary and three (3) half-month salaries which amounts to a total terminal benefits of USD 580.56 AND ZIG 2,029.37 and an outstanding salary up to the termination date.

“The above amounts shall be paid less any statutory deductions required by law,’ stated the agreement before concluding thus, ‘upon receipt of the payments stipulated in this Agreement, he shall have no further claims against the Employer arising from the contract of employment or its termination”. 

Parafini  was employed by Afrochine, a chrome smelting company based at Selous near Chegutu as a Furnace Charger since on the 9th of January 2019.

The General Secretary of the National Union of Metal and Allied Industries in Zimbabwe (NUMAIZ), Henry Tarumbira said that, Afrochine Smelting (Pvt) Ltd took advantage of Parafini’s ill health and his illiteracy and made him consent to the mutually termination of his contract of employment.

He added that the union needed to raise awareness among workers on labour issues to avoid such scenarios in future.

NUMAIZ has recently embarked on a country wide program to educate its members in areas such as trade union organisation, collective bargaining, climate change and economic illiteracy.

According to NUMAIZ’s Deputy General Secretary Stephen Dhliwayo who also doubles as the head of training, such steward trainings are aimed at imparting trade unionism knowledge to ordinary trade union members.

NUMAIZ had roped in the services of the Zimbabwe Congress of Trade Unions (ZCTU) National Organisor Michael Kandukutu to facilitate the Harare Branch program where it  managed to train 20 members while 24 were trained in Chegutu.

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