Misconduct requires a strict disciplinary procedure

By Equipo Saplic Published on 12/08/2026 Updated on 12/08/2026

And incapacity requires warnings and support first.

In this guide
  1. Termination with cause
  2. The employment code
  3. Notice periods
  4. What is owed
  5. Disguised retrenchment
  6. Just cause is required
  7. Failure to comply
  8. What to keep
  9. Where to go

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.

Disguised retrenchment

The exception matters: where a termination is effectively a retrenchment disguised as something else, the retrenchment entitlements can apply.

Indicators include your role disappearing, several people being terminated at the same time, or the employer citing economic circumstances while using a notice-based route.

Just cause is required

The employer is not allowed to terminate the employee without just cause.

Failure to comply

Non-compliance can result in costly disputes, including claims for unfair dismissal.

What to keep

  • The termination letter and its stated ground
  • Records of any disciplinary process — warnings, hearings, responses
  • Evidence of support offered, in incapacity cases
  • Payslips and evidence of your start date
  • Any notice given to the works council or Retrenchment Board

Where to go

The works or employment council for your sector, and the Ministry of Public Service, Labour and Social Welfare.

Frequently asked questions

What are the grounds for termination with cause?
Misconduct, which requires a strict disciplinary procedure, and incapacity, covering persistent poor performance despite warnings and support, or prolonged ill health.
Does poor performance alone justify dismissal?
Not by itself. Incapacity on performance grounds requires warnings and support first, not just a decision.
What is the employment code?
The registered code governing procedure at your workplace. The employer must comply with it or the model code, and failure makes the dismissal unfair.
What is a disguised retrenchment?
A termination using a notice-based route where the role actually disappeared, several people were affected, or economic circumstances were the real reason. Retrenchment entitlements can then apply.
What records should I keep?
The termination letter and its ground, records of any disciplinary process, evidence of support offered in incapacity cases, payslips and your start date evidence.

Sources

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