The disciplinary hearing and the ancillary processes

This section discusses the several stages one expects to go through when partaking in a disciplinary hearing process. The processes we describe and outline in this section are borrowed from almost every code of conduct that is applicable in Zimbabwe. … Read the rest

This section discusses the several stages one expects to go through when partaking in a disciplinary hearing process. The processes we describe and outline in this section are borrowed from almost every code of conduct that is applicable in Zimbabwe. Employers are under a legal obligation to ensure that they follow all the stages outlined in the disciplinary hearing process. Failure to religiously follow these processes may vitiate the proceedings

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Fair Dismissals!

What is often ignored are the circumstances where dismissal is fair! Fairness as a legal principle is not as simple as the lay person may presume. It is explained from the substantive law and the procedural law perspectives. In this … Read the rest

What is often ignored are the circumstances where dismissal is fair! Fairness as a legal principle is not as simple as the lay person may presume. It is explained from the substantive law and the procedural law perspectives. In this section, we commence by defining the two types of fairness that are recognised in our law, substantive fairness, and procedural fairness. We will then proceed to outline examples from our case law in which fair dismissals were documented. We examine the most common types of offences found in various codes of conduct in Zimbabwe.

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REPUDIATION OF A CONTRACT OF EMPLOYMENT

1.    Introduction In this section, we outline the rules of contract that determine and explain the repudiation of a contract of employment. Repudiation occurs when a party to a contract shows, by omission or conduct, that they are no longer … Read the rest...

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INTERPRETING A CODE OF CONDUCT

Labour disputes can turn on the interpretation of a code of conduct. Interpretation entails the process of construing the text of a code to come up with the true meaning of an instrument. Our courts have designated various principles that … Read the rest...

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HIRING A CONSULTANT TO PRESIDE OVER A DISCIPLINARY HEARING

QUERY: At a certain company, the director hired a consultant to preside over a disciplinary hearing. Is this proper? The company doesn’t have a company code, it uses SI 15 of 2006. OPINION: My problem with using a consultant to … Read the rest...

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British American Tobbaco Zimbabwe v Jonathan Chibaya SC 30 /19

“In casu, the handwriting expert, having relied on photocopies, was found to have consequently missed certain distinguishing features peculiar to the respondent’s signature. For that reason, the adjudicating authority ought to have found that such evidence was inadequate and thus Read the rest

Emmanuel Masvikeni v National Blood Service Zimbabwe SC 28/19

“In our view, the appellant, by deliberately absenting himself without leave from the hearing, waived his right to challenge the conduct of the disciplinary proceedings. He had the option, which he did not exercise, of seeking a postponement since he … Read the rest...

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REFRAINING FROM ATTENDING A DISCIPLINARY HEARING

One of the biggest mistakes an employee can ever make when accused of having breached company rules is to abscond a disciplinary hearing. Practitioners dealing with disciplinary issues can also fall into the trap of not properly handling situations that … Read the rest...

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Muparaguda v Commercial Workers Union of Zimbabwe (SC 55/18)

“There having been no irregularity in the manner in which he uplifted the suspension, the upliftment of the suspension was perfectly lawful and binding. An employer who elects to pay an employee during the course of disciplinary proceedings voluntarily assumes … Read the rest...

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