By Dickson Jere
Pius Kasolo is a prominent Zambian who was appointed CEO of the state-run ZCCM-IH. While enjoying his second term as CEO, he made comments on the government’s proposed tax regime which appeared critical of the authorities. The Chairman of ZCCM-IH alerted him that his media comments did not sit well with the powers that be.
The same day, 1st February, 2019, he heard on ZNBC news that he had been fired at a press conference addressed by Minister of Mines and the presidential press aide. His dismissal was later confirmed in a letter in which he was told the company was looking for new CEO to run with the new Strategic Plan for 2018 – 2023. ZCCM-IH, instead, used the three month notice clause to terminate his contract.
He sued in the High Court, arguing that the reasons given in the letter was not the valid ones but that he was fired for something else. However, the Judge ruled in favour of ZCCM-IH saying they could terminate employment of any employee for “operational requirements”.
Unhappy with the outcome, he launched an appeal in the Court of Appeal where a panel of three Judges handled the case. Upon scrutiny, the Court held thus;
“We find, contrary to what the Judge found, that the reasons proffered by the Respondent for terminating the Appellant contract were neither valid nor justified,” the Judges observed.
“Considering the above, it is not far fetched for us to conclude, as we do, that operational requirements had nothing to with the termination,” the Judges ruled.
The Court also wondered how ZCCM-IH could be looking for a new CEO to implement the Strategic Plan that was crafted by Kasolo himself and the chairman praised him in the Foreword of the same document.
“It is now mandatory for employer to proffer a valid and substantiated reason for termination of employment, the Court said, adding that the notice clause in contracts is no longer an escape route.
On his demand to be paid damages for his termination of employment plus mental anguish and trauma, the Court agreed that he deserved to be compensated.
“We award the Appellant six months salary as damages for wrongful dismissal,” the Court ruled, adding that the same should be paid with interest.
“We have had sight of social media publications…here the Appellant, a CEO, was mercilessly trolled by social media users,” the Judges said, adding that he suffered trauma from the attacks.
He was called a sellout, puppet of the whites, unpatriotic in social media blogs.
For details, read the case of Pius Kasolo v ZCCM-IH -Appeal No. 185 of 2022 and Judgment delivered two months ago.
Unlike in the past, the law now requires that the employer should give valid and justified reasons for terminating employment contracts. The use of notice clause in contract of employment is no longer attainable in Zambia.
