ZIMBABWE Law and Practice Contributed by: Ruvimbo T L Matsika and Tatenda Nyamayaro, Wintertons
• a subpoena to attend any court in Zimbabwe as a witness; • to attend as a delegate and office-bearer any meeting of a registered trade union that represents employees within the undertaking or industry in which the employee is employed; • when detained for questioning by the police; • the death of a spouse, parent, child or legal dependant; or • on any justifiable compassionate ground. Weekly and Public Holiday Rest Under Section 14C of the Labour Act, an employee is entitled to at least 24 hours of continuous rest per week. An employee is also entitled to a leave of absence on public holidays. If they consent to work on public holidays, they will be entitled to at least double their ordinary daily remuneration rate. Maternity Leave Female employees are entitled to fully paid maternity leave for a period of up to 98 days under the terms of Section 18 of the Labour Act. An employee who requires maternity leave that exceeds the prescribed limit may be granted unpaid maternity leave. Zimba - bwean law does not provide for paternity leave. Sick Leave A sick employee is defined as a person who is pre - vented from attending duties because of illness or injury, or who is undergoing medical treatment. The illness should be certified by a registered medical practitioner. Under the terms of Section 14 of the Labour Act, a sick employee is entitled to 90 days of fully paid sick leave per year, as well as a further 90 days of sick leave on half pay. If the medical condition persists thereafter, the employer is entitled to terminate the employment contract by reason of the employee’s incapacity. Confidential Information There is nothing in the Labour Act that regulates the disclosure of confidential information. This is regu - lated by the common law, which generally prohibits an employee from disclosing confidential information without authorisation from the employer. Employers
are also at liberty to include a confidentiality clause in their employment contracts. Non-Disparagement The Labour Act does not prohibit employees from speaking negatively about the employer, its products or its services. The employee’s duties at common law, however, imply a duty to further the employer’s best interests and avoid bringing the employer into disre - pute. The contract of employment may, at the parties’ election, also contain a non-disparagement clause. In addition, some employment codes of conduct make it an offence to say or do anything that brings the employer into disrepute. An employee who speaks negatively about the employer, its products or its services may – in addi - tion to facing disciplinary action – face a claim for damages. Such a claim would not be subject to any limitation of liability, unless the contract of employ - ment provides otherwise. A non-compete clause is generally enforceable if it is reasonable and not contrary to public policy. A non- compete or restraint of trade clause will usually affirm that the employee accepts that the restraint is reason - able, both in scope and duration. It is not a legal requirement that restrictive covenants be accompanied by independent consideration for the same. Consequently, employees do not generally receive compensation in return for entering into non- compete agreements with their employers. 2. Restrictive Covenants 2.1 Non-Competes An employee who breaches a non-compete clause may be subject to a claim for damages by the employ - er. The onus of proving the quantum of such dam - ages lies with the employer, unless the quantum of the same is specified in the non-compete clause. 2.2 Non-Solicits Clauses that prohibit an employee from contacting the employer’s customers following the termination of the contract are a common feature of employment
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