BY JAMES MUTASA

A Designated Agent of the National Employment Council for Commercial Sectors Tichafara Viriri recently ordered that MKM Fertilizers Private limited should pay US$1200 to Lucia Murapa as compensation for unlawful termination of her contract of employment.

Facts of the matter which were highlighted by Viriri on his determination showed that Murapa was employed as a technical sales person by MKM fertilizers; a Chisipiti based Fertilizer Company, on a 12 months fixed term contract.

Murapa was given a year fixed term contract of employment following her successful completion of a 3 months probationary period. 

The managing director of MKM Fertilizers private limited Vaida Kontrimaite had argued that the contract of employment was not illegally terminated as it had expired, a reasoning which was contested by Murapa.

‘Murapa was paid one month salary as compensation for the outstanding sixteen leave days and as token of appreciation for her service,’ Kontrimate told Viriri.

Kontrimate added that Murapa was never given a one year fixed term contract in fact she had failed her to impress during a three months probation period.

‘I concur with the applicant where she cited St Giles Medical Rehabilitation Center SC59/18 where it was held that a probationary period is a separate and distinct contract of employment,’ reads part of Viriri’ determination

‘It is my considered view that the Respondent terminated the Applicant’ contract of employment unlawfully and she is entitled to USD1200 for salaries for the unexpired contract,’ concluded Viriri.