Is Gambling at the Workplace in Zimbabwe an act of misconduct?

There is no specific law in Zimbabwe which forbids betting and gambling at work. However, most Collective Bargaining Agreements and company policies in Zimbabwe deem betting and gambling during working hours or whilst on company premises as an act of misconduct.

More often than not, activities such as betting, gambling, playing cards or otherwise being involved in any game of chances whist on duty is conduct which is in breach of an employee’s contractual obligations whether for gain or hobby and is generally regarded as an act of misconduct in Zimbabwe.

The Supreme Court in the case of Marvo Stationery Manufacturing (Pvt) Ltd v Jokwadi & 5 Others SC 47/05 held that:

“I have no doubt in my mind that gambling at work during working hours is a conduct which is in breach of the employee’s contractual obligations. An employee is contracted to work and not to gamble during working hours. It is also clear from s 3.81 (c) that it is not every breach of contractual obligation by an employee that constitutes a contravention of the section. The breach has to be of a serious nature in order to constitute contravention of s 3.8.1 (c) of the Code…

As I have already said gambling during working hours is conduct that is inconsistent with an employee contractual obligation, an employee is contracted to work and not gamble. However, for such gambling to be covered by s 3.8.1 (c) of the code it has to be of a serious nature. Gambling on the odd occasion, as seems to be the case here, is not of a serious nature and is not covered by s 3.8.1 (c) of the Code. If it had been established that the gambling had been persistent in terms of frequency and for considerable periods of time during working hours, I would have had no hesitation in concluding that it is of a serious nature and amounts to misconduct in terms of s 3.8 1 (c) of the code. Absenteeism from work for one day is not contravention of s 3.8.1 (c) (ii) of the code while absenteeism for five days is a contravention. By parity of reasoning gambling at work and during working hours on the odd occasion is not a contravention of s 3.8.1 (c) while serious and persistent gambling during working hours would amount to contravention of the section”.