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...
Category: Disciplinary Hearings
Fair Dismissals!
Several authors have written about unfair dismissals and the consequences thereof. Our Labour Act also clearly outlines circumstances where one is deemed to be unfairly dismissed. As an example, if one is on a fixed-term contract that is terminated and … Read the rest...
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...
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...
ZB BANK LIMITED v TIRIVANHU MARIMO SC 21/20
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...
British American Tobbaco Zimbabwe v Jonathan Chibaya SC 30 /19
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...
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...
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...