A Guide to disciplinary hearing in Zimbabwe

The Labour Act [Chapter 28:01] is the primary legislation in Zimbabwean Labour Law which provides for a disciplinary procedure as a conflict resolution mechanism. Disciplinary meeting or hearing is part of the disciplinary procedure where the investigation shows the employee has a case to answer, the employer should ask them to a disciplinary meeting or 'hearing'.

What is Disciplinary hearing

A disciplinary hearing is a formal process, typically following an investigation, where an employer and employee address concerns about the employee's conduct or performance. It is a step in the disciplinary procedure which usually follow after an investigation on an alleged misconduct or breach of company policies aimed at determining the outcome of alleged misconduct or breaches of workplace policies.

Key purposes of the disciplinary hearing include the following:

• (a) Investigate alleged misconduct- where evidence is gathered to determine if there is a valid case to consider.
• Present evidence- The employer presents the evidence against the employee, and the employee has the chance to present their side of the story.
• (c) Consider evidence- The hearing body (usually a manager or HR representative) considers the evidence and arguments presented to determine the validity of the allegations.

Here are some key take aways with regards to disciplinary hearings in Zimbabwe:

• - The employee must be given an opportunity to prepare for the disciplinary hearing
• - The employee being charged must be timeously informed of the misconduct and charges against him.
• - The employee has a right to a judgment which is fair
• - The employee has a right to call co-workers as witnesses.
• - At the outset, it is important to note that the full proceedings for a disciplinary hearing must be recorded in writing.
• - A disciplinary hearing provides a platform and a fair opportunity for the employee to respond to the allegations and state their case.