an employee can be given their old job back, but without their rights, such as seniority rights
which were acquired in the old contract. The employee may also be given another job that differs
from their original job or may be appointed to a new position. Re-employment is not just about
downgrading the employee, but it can also upgrade the level of the employee, given that the old
contract was denying the employee some of his or her rights.
On the side of the employer, several remedies apply, and these include a cancellation of the
employment contract. In terms of the national code of conduct, SI 15 of 2006, being applied with
the Labour Act Chapter [28:01], an employer can follow the disciplinary route, and give a
determination to terminate an employment contract if the employee is found guilty of group D
misconduct against the employer. Some of the offences that fall under this group include theft
and fraud. Only after the employer has conducted due process that includes a hearing can he
fairly dismiss the employee for the wrongdoing. An employee has a right to offer service to the
employer, and committing an offence against the employer is not amongst his or her rights in the
workplace. For the employer to do away with the bad apples, he or she is allowed to lawfully
terminate a contract of employment. Through applying to the Minister of Labour, the employer is
allowed to withhold pay from an employee as they seek to be compensated for the misconduct,
such as fraud or theft, that would have been committed by the employee.
Furthermore, the Employers, according to section 106, can apply for a show cause order, given
that the employees are planning or threatening any collective job action. The employer applies to
the Minister of Labour, who, upon determining the unlawfulness of the collective action by the
employees and their organisations, can issue an order calling upon the responsible persons to
show cause why a disposal order should not be made to stop their actions. An inquiry should be
conducted, and both parties should be present before the Labour Office to determine if the
unlawful collective action should be terminated, postponed, or suspended. This only applies to an
unlawful collective action, and not a lawful collective action being pursued by the employees. In
the case of the University of Zimbabwe lecturers, their strike and their pickets are lawful, which
is why no disposal order was made.
Remedies for unfair labour practices are crucial in safeguarding employers’ and employees’
rights, as they ensure equitable labour relations. These remedies play a vital role in promoting
social justice and industrial harmony for the employer and the employee concerned. Not only do
these remedies work for the employee, but they also apply to both parties as they can all be
subjected to unfair labour practices by the other.
REFERENCES
Chigumira, L. (2020). Probationary Contracts: Legal Perspectives in Zimbabwe. Harare:
ZIMLAP.
Chikozho, M. (2020). Change of Undertaking: The Impact on Employment Contracts. Journal of
Business Law in Zimbabwe.
Chirengwa, N. (2019). Employment and Labor Law in Zimbabwe. Harare: Zimbabwe Publishing
House.
Chirunga, C., & Chinyemba, A. (2020). Fair Disciplinary Procedures in Zimbabwean
Workplaces. Journal of Labor Law.
Constitution of Zimbabwe Amendment (No. 20) Act, 2013. Harare: Government of Zimbabwe.
Deakin, S., & Morris, G. S. (1995). Labour law (2nd ed.). Butterworths.
Gwisai, M. (2007). Labour and Employment Law in Zimbabwe: Relations of Work under Neo-
Colonial Capitalism. Harare: Institute of Development Studies.
International Labour Organization. (1951). Equal Remuneration Convention (No. 100). Geneva:
ILO.
Labour Act [Chapter 28:01].
Labour Amendment Act 11 of 2023
Labour (National Employment Code of Conduct) Regulations, SI 15 of 2006. Harare:
Government of Zimbabwe.
Madhuku, L. (2015). Labour Law in Zimbabwe (2nd ed.). Harare: Weaver Press.
Mahapa, M., & Watadza, C. (2015). The dark side of arbitration and conciliation in Zimbabwe.
Journal of Human Resources and Sustainability Studies, 3(2), 65–76.
Mparutsa, R. & Musiyamwana, B. (2021). Understanding Employment Termination in
Zimbabwe Zimbabwe Human Rights Review.
Munyoro, T. (2019). Employee Rights Upon Resignation: Legal Insights. Harare: Labor Law
Journal.
Mutangadura, D. (2020). Retrenchment Procedures under Zimbabwean Law. Zimbabwe
Employment Review.
Murewa, F. (2021). Retirement Policies and Employee Rights in Zimbabwe. Journal of
Employment Law.
Rukuni, B. (2020). Fixed Duration Employment Contracts: Implications and Best Practices.
Harare: University of Zimbabwe Press.
