Land mark ruling on Zimbabwe's employment contract termination

Land mark ruling on Zimbabwe's employment contract termination
Published: 17 July 2015 (2584 Views)
The Supreme Court has ruled that employers can terminate contracts of employment by giving three months notice of their intention to do so.

The judicial precedent follows a case where former BP Shell employees had taken Zuva Petroleum to court.

Zimbabwean employees who have enjoyed the legislative intervention and protection from wanton firing by their employers since 1980 are no longer safe from wanton retrenchment.

In a landmark decision, the Supreme Court has ruled that employers can fire workers after giving three months notice of termination of their employment.

This follows a landmark ruling handed down by the Supreme Court this Friday against Don Nyamande and Kingstone Donga, both former BP Shell employees, who had taken Zuva Petroleum who took over BP Shell to the Supreme Court challenging their expulsion.

Zuva Petroleum represented by Advocate Thabani Mpofu and Nelson Chamisa under instruction from Innocent Chagonda successfully convinced the court that Section 12(4) of the Labour Act which deals with the three months notice of termination of employment applies to both the employer and the employee and should not exist to regulate a non-existent right.

The Supreme Court agreed with the conclusion of the Labour Court that Zuva Petroleum Private Limited was entitled at law to give notice terminating the employment of the appellants in terms of the contracts of employment between the parties.

Don Nyamande and Kingstone Donga were represented by Professor Lovemore Madhuku and were challenging a Labour Court judgement delivered on the 28th of March 2014 allowing termination of their contracts on notice.

The appellants were paid three months salary in lieu of notice in May 2012 and their employments contracts terminated.

An arbitrator had ruled that the termination of their contracts was unlawful as the appellants had not been dismissed in terms of a code of conduct.

- zbc

Tags: Court,
 0

You May Like These Videos

Comments

There are no comments.

Latest stories

PHOTOS: Job Sikhala becomes an instant internet joke

by Social media | 03 October 2019 | 335 Views

America says it is worried about Zimbabwe

by Mandla Ndlovu | 03 October 2019 | 360 Views

Madinda Ndlovu to be discharged tomorrow

by Staff reporter | 03 October 2019 | 242 Views

What are behavioral disorders and how can they be managed?

by Temba Munsaka | 03 October 2019 | 243 Views

Government speaks on Robert Mugabe's body parts

by Mandla Ndlovu | 03 October 2019 | 351 Views

Zacc recovers $100m property from looters

by Staff reporter | 03 October 2019 | 242 Views

WATCH: Mnangagwa apologises for destroying Zimbabwe satire

by Mandla Ndlovu | 03 October 2019 | 237 Views

Mphoko's application for release of passport dismissed

by Staff reporter | 03 October 2019 | 195 Views

Zanu-PF restructuring exercise begins

by Staff reporter | 03 October 2019 | 189 Views

Petrotrade declares $1.5 million dividend

by Staff reporter | 03 October 2019 | 154 Views

MSU, Zupco seal bus deal

by Staff reporter | 03 October 2019 | 294 Views

Mnangagwa to open ZMF conference

by Staff reporter | 03 October 2019 | 200 Views

High Court sets EcoCash hearing date

by Staff reporter | 03 October 2019 | 204 Views

Mphoko barred from leaving Zimbabwe

by ZimLive | 03 October 2019 | 200 Views

CIO agents monitor Jonathan Moyo in Kenya

by Mandla Ndlovu | 03 October 2019 | 425 Views

Acie Lumumba targets criminals around Mnangagwa

by Mandla Ndlovu | 03 October 2019 | 366 Views

$100 limit for cash-out transactions

by Staff reporter | 03 October 2019 | 271 Views

ANC starts anti-sanctions campaign

by Staff reporter | 03 October 2019 | 191 Views

ZESN calls for political parties regulation

by Staff reporter | 03 October 2019 | 164 Views

We've no forced labour evidence on Zimbabwe diamonds, says US Embassy

by Staff reporter | 03 October 2019 | 177 Views

Ex-ZPC board chairman freed on bail

by Staff reporter | 03 October 2019 | 225 Views

Cyber Bill seeks to safeguard citizens

by Staff reporter | 03 October 2019 | 147 Views

Cassava launches Vaya tractor services

by Staff reporter | 03 October 2019 | 189 Views

MDC Alliance boycott slammed

by Staff reporter | 03 October 2019 | 98 Views

10-man Bulawayo Chiefs stun Harare City

by Staff reporter | 03 October 2019 | 154 Views

Zimbabwe has a reputational problem, says US

by newzimbabwe | 03 October 2019 | 168 Views

MDC Alliance walk of shame

by Nduduzo Tshuma | 03 October 2019 | 242 Views

MDC councillors want suspension of Cowdray Park projects

by Staff reporter | 03 October 2019 | 157 Views

RBZ floats $300m additional TBs

by Staff reporter | 03 October 2019 | 145 Views

Teenagers rob soldier

by Staff reporter | 03 October 2019 | 167 Views

Duo rape corpse, get death sentence

by Staff reporter | 03 October 2019 | 184 Views

Mnangagwa to fly out for the zenith times

by Staff reporter | 03 October 2019 | 149 Views

Chamisa's MPs approach court to reverse 5 months allowance garnish

by newzimbabwe | 03 October 2019 | 80 Views

Zimra official forges Customs papers

by Staff reporter | 03 October 2019 | 66 Views

Zifa courts two nations for Warriors' friendlies

by Staff reporter | 03 October 2019 | 58 Views