Can absenteeism from work result in termination of employment in Zimbabwe?

An employee is contracted by an employer to work and not to be absent from work. The unauthorised absence from work by an employee in Zimbabwe without a satisfactory reason is inconsistent with an employer and employee contractual obligation, as an employee is not contracted for his or her absenteeism. It is therefore important for an employee to seek leave from his or her employer for being absent from work. There should also be a genuine or satisfactory reason for an employee’s absenteeism.

Absenteeism from work in Zimbabwe may result in the termination of a contract of employment. The Supreme Court in Girjac Services v Mudzingwa 1999 (1) ZLR 243 (S) 246 held that:

“If indeed, the aforementioned period of absenteeism amounted to a breach by the respondent of the contract of employment, then it is to be accepted that under the common law the appellant was afforded the remedy of termination. A distinction must be drawn between absenteeism due to illness or some other form of incapacity, and wilful abscondment. In the former situation, the employer cannot ex eo cancel the contract. Incapacity is not a breach of contract. Nonetheless, the fact that the employee is incapacitated by a cause beyond his control - by an act of God, if you like - does not deprive the employer of the right to terminate the contract where the absence was unreasonable. Non-performance by the employee of his duties for an unreasonable time justifies the employer in refusing to perform his part of the contract and in considering his obligations at an end. The crucial question of what is reasonable in such cases depends on the surrounding circumstances. What has to be considered is the nature of the business and whether the employee's absence may cause irreparable damage to the employer”.