A Guide to Section 12B of the Labour Act
In Zimbabwe, the Labour Act protects employees from being unfairly dismissed by their employers. Section 12B clearly outlines what constitutes unfair dismissal and sets minimum standards that employers must meet when terminating an employment relationship.
🔹 1. Right to Fair Dismissal
Every employee has a legal right not to be unfairly dismissed. Dismissal must be procedurally and substantively fair, meaning:
- The correct procedures must be followed, and
- There must be a valid reason for the dismissal.
🔹 2. When is a Dismissal Considered Unfair?
An employee is unfairly dismissed in the following situations:
(a) No Proper Disciplinary Procedure
If an employer fails to follow the applicable disciplinary process, as provided in:
- A registered employment code; or
- The model code of conduct (if no employment code exists),
then the dismissal is automatically unfair.
(b) Constructive Dismissal
If an employee resigns because the employer made the working environment intolerable, this is treated as if the employer dismissed the employee unfairly.
âś… Example: If an employer harasses or bullies an employee to the point that they feel forced to resign, the resignation is treated as an unfair dismissal.
(c) Legitimate Expectation of Re-engagement
If an employee:
- Was on a fixed-term contract,
- Had a legitimate expectation that it would be renewed, and
- Another person was hired instead,
then this is considered an unfair dismissal.
🔹 3. What Must an Employer Prove?
In any dispute about a dismissal, the employer bears the burden of proving that:
- The dismissal was justified, and
- The correct procedures were followed under the applicable code.
🔹 4. Factors Considered in Disputes
If a dispute goes before a labour officer, designated agent, or the Labour Court, several factors are assessed, including:
- The severity of the misconduct, if any
- The length of the employee’s service
- The employee’s disciplinary record
- The nature of the job
- Any mitigating personal circumstances (e.g., illness, family hardship)
⚖️ This allows for a balanced approach where a single mistake doesn’t always result in dismissal—especially if the employee has a long, clean service record.
âś… Conclusion
Section 12B of the Labour Act aims to protect employees from being dismissed arbitrarily or unfairly. It requires employers to follow clear, fair, and lawful disciplinary processes and allows employees to seek redress where these rights are violated. Both employers and employees should familiarize themselves with these provisions to promote a just and respectful workplace.