Employment 2025

ZIMBABWE Law and Practice Contributed by: Ruvimbo T L Matsika and Tatenda Nyamayaro, Wintertons

8. Disputes 8.1 Wrongful Dismissal

An employee who is dismissed for misconduct is not entitled to notice or notice pay. They are, however, entitled to terminal benefits comprising: • any unpaid salaries and benefits due at the date of dismissal; • cash in lieu of accrued vacation leave; and • any gratuity that may be due under the CBA. A dismissed employee has the right to appeal against the dismissal to any internal appellate bodies and, thereafter, to the labour court. An appeal may also lie, at the election of the aggrieved party, to a labour officer as set out in Section 101 (5) of the Labour Act. 7.4 Termination Agreements The employer and employee may agree to terminate the employment contract. This is referred to as mutu - al termination. The agreement has to be in writing. Best practice requires that the termination agreement should record: • the effective date of the termination; • the agreed termination package; • the date on which or by which the package should be paid; and • any other consequences of the termination, such as the return of the employer’s property by the employee. In the event that the termination relates to an employ - ee who was employed on the basis of a contract without a fixed term, the employer is obliged to pay the minimum termination package stipulated in the Labour Act, unless the parties agree to the payment of a package exceeding the minimum. There are no other formalities that are required by law. 7.5 Protected Categories of Employee All employees are equal and may be subjected to dis - ciplinary action if the circumstances so require. This is also the case for employee representatives. However, if it can be demonstrated that a dismissal amounts to the victimisation of employee representatives, the dismissal will be considered unlawful.

Every employee has the right not to be unfairly dis - missed. An employee is unfairly dismissed if the employer fails to show that the employee was dis - missed under the terms of a registered employment code of conduct. In the absence of an employment code of conduct, the employer must show that the dismissal was carried out in accordance with the terms of the model or national code of conduct. Disciplinary Proceedings Disciplinary proceedings that are procedurally irregu - lar may be set aside on review, particularly where the irregularity prejudiced the employee in the conduct of their defence. Examples of procedural irregulari - ties include: • the use of an inapplicable code of conduct; • a failure to constitute the disciplinary authority or committee as stipulated in the code of conduct; or • a failure to permit the employee to be accompa - nied by their legal representative. Appeals A dismissal may be found to have been unlawful on appeal if there was insufficient evidence to prove that an act of misconduct was committed as alleged. A successful appeal or application for review will result in the setting aside of the disciplinary proceedings, with or without loss of salary and benefits. If the dis - missal is set aside and the employee is reinstated without loss of salary and benefits, the employer will be required to pay all the unpaid salaries and benefits that would have been due to the employee between the date of dismissal and the date on which the order for reinstatement was made. Damages An employer who elects not to reinstate the employee following an order for reinstatement will be required to pay the employee damages for loss of employment. These are calculated on the basis of the salary that would be due to the employee for the period of time it would take them to secure alternative employment. The employee is, however, required to mitigate their loss.

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