Aspects of Disciplinary Proceedings in Zimbabwe

The law is settled in Zimbabwe that employers have the discretion to set the standards of conduct which are to be observed by their employees and to determine the situation with which, non – compliance will be visited.

Disciplinary proceedings in Zimbabwe are therefore a formal process used by employers to address alleged misconduct. Disciplinary proceedings, commonly known as disciplinary hearings are neither criminal nor civil trials. In Mupandasekwa v Green Motor Services (Pvt) Ltd SC 30-15 at page 6, it was held that:

“In any case numerous authorities in this jurisdiction and beyond effectively caution against treating disciplinary proceedings at the work place, as if they were court proceedings.”

One key aspect of disciplinary proceedings in Zimbabwe is that an employer retains the right to discipline an employee for misconduct which occurred during an earlier contract of employment, if the earlier employment contract is renewed and there is continued employment from the initial contract. Muchechetere v Zimbabwe Broadcasting Corporation (Pvt) Ltd SC 143-21.

In terms of the law in Zimbabwe, employees have a duty to lay out and or formulate the charge(s) of misconduct against an employee and that the employee be given adequate notice to prepare his or her defence and to attend disciplinary proceedings / disciplinary hearing, that he or she be able to present his or her side of the story and be allowed to call witnesses if he or she wishes.

In terms of ZIMASCO (Pvt) Ltd v Chizema 2007 (2) ZLR 314 (S), the courts in Zimbabwe are precluded from amending a “charge sheet” or submitting a charge preferred against an employee by an employer. Furthermore, in terms of Nyarumbu v Sandvik Mining & Construction Zimbabwe (Pvt) Ltd 2019 (2) ZLR 10 (S), the courts are excluded from substituting their own charges or rendering a finding of guilt on an entirely different offence.

In conducting disciplinary proceedings in Zimbabwe, it is important that the proceedings be fair and impartial and that the rules of natural justice are followed. Moreso, the disciplinary committee / disciplinary authority should be properly constituted in terms of any applicable Code of Conduct or the National Code of Code and the disciplinary proceedings be of an inquisitorial nature as they are neither criminal nor civil trials. It is also important to ensure that adequate minutes of the disciplinary hearing are kept. see Unifreight Ltd v Madembo SC 6-18.