LABOUR LAW

Is absence from work without leave an act of misconduct in Zimbabwe?

Yes. An employee is contracted to work and not to be absent from work. Thus, the unauthorised absence from work without a satisfactory reason in Zimbabwe amounts to an act of misconduct.

In terms of most Collective Bargaining Agreements or Code of Conduct and Grievance and Handling Procedures in Zimbabwe the unauthorised absence from work without a satisfactory reason is an act of misconduct. Similarly, the unauthorised absence from work for five or more consecutive days without a satisfactory reason amounts to an act of misconduct.

In terms of section 4 of the Labour (National Employment Code of Conduct) Regulations, 2006 absence from work for a period of five or more working days without leave or reasonable cause in a year amount to an act of misconduct. In fact, the unauthorised leave from work by an employee without reason or permission is a breach of his or her contractual obligation to the employer. see Marvo Stationery Manufacturing (Pvt) Ltd v Jokwadi & 5 Others SC 47/05.

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