Employment contracts in Zimbabwe can be terminated on grounds broadly categorised as with cause and without cause.
Termination with cause
Misconduct is the most common ground. It involves violating company rules or standards of conduct, and requires following a strict disciplinary procedure.
Incapacity covers persistent poor performance despite warnings and support, or prolonged ill health rendering the employee unable to perform their duties.
Note the qualifiers: poor performance requires warnings and support first, not just a decision.
The employment code
The employer must comply with the employment code or model code when terminating. Failure to do so makes the dismissal unfair.
If your workplace has a registered code, it sets out the procedure that must be followed.
Notice periods
Under the Labour Act, the required notice depends primarily on the type of contract and the frequency of wage payment.
What is owed
For terminations on notice that are not retrenchment or misconduct:
- Payment of notice
- Accrued leave
A retrenchment package generally does not apply.