Disciplinary Procedure – Labour Guide in Zimbabwe

In the absence of a registered employment code of conduct in Zimbabwe the Labour (National Employment Code of Conduct) Regulations, 2006 serve as a default code. Procedures for disciplinary procedures can therefore be found in a registered employment code, or in the absence of a registered employment code in section 6 of the Labour (National Employment Code of Conduct) Regulations, 2006.

The Supreme Court in Nhari v Zimbabwe Allied Banking Group 2013 (2) ZLR 583 (S) summarised section 6 of the Labour (National Employment Code of Conduct) Regulations, 2006 as follows:

• (a) An employer must have good cause to believe that an employee has committed a misconduct as defined in section 4 of the Labour (National Employment Code of Conduct) Regulations, 2006.
• (b) If this is the case, the employer may suspend the employee with or without pay and benefits.
• (c) A copy of the letter of suspension with reasons and grounds of suspension shall forthwith be served on the employee.
• (d) Within fourteen (14) days of serving the employee with the letter of suspension, the employer shall investigate the matter and conduct a hearing into the alleged conduct.
• (e) After reaching a verdict, the employer shall serve a notice on the employee either terminating the employment if the misconduct has been proved or removing the suspension where the grounds of suspension are not proved.