A Supreme Court decision allowed termination on three months’ notice

Zimbabwean termination law was reshaped by a single court decision, and understanding it explains much of what followed.

The 17 July 2015 ruling

A Supreme Court ruling held that employers have the right to terminate an employment contract by giving the employee three months' notice, without any retrenchment costs.

The consequence was immediate: a wave of dismissals followed.

The legislative response

Parliament has been contemplating amendments requiring employers to terminate on three grounds only:

• For disciplinary reasons under a code of conduct
• Where the employer and employee agree
• Where the employee was engaged on a fixed-term contract for a specified task

If none of those apply, the employer would have to go through a formal retrenchment process.

Where that leaves you

The position has been in flux, and the Labour Amendment Act 2023 has since reworked Section 12C substantially.

If you are facing termination, it is worth establishing which route your employer is using — notice-based termination or formal retrenchment — because the entitlements differ completely.

Notice periods

Under the Labour Act, the notice period depends on the type of contract and the frequency of wage payment.

Just cause is required

The employer is not allowed to terminate without just cause, and must comply with the employment code or model code. Otherwise the dismissal is considered unfair.

Termination with cause

• Misconduct — the most common ground, requiring a strict disciplinary procedure
• Incapacity — persistent poor performance despite warnings and support, or prolonged ill health

What is owed on a notice termination

For terminations on notice that are neither retrenchment nor misconduct, the primary entitlement is payment of notice and any accrued leave.

A retrenchment package is generally not applicable — unless the termination is effectively a retrenchment disguised as something else.

That last point is worth pursuing if your role disappeared and others were affected at the same time.