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Is the National Employment Code of Conduct in Zimbabwe Applicable in all circumstances?

The National Employment Code of Conduct in Zimbabwe was established in terms of section 101(9) of the Labour Act [Chapter 28:01] as a Model Employment Code of Conduct. Section 3 of the Labour (National Employment Code of Conduct) Regulations, 2006 sets out the objectives of the National Employment Code of Conduct in Zimbabwe.

The National Employment Code of Conduct is also known as the Model Code. It is applicable where there is no registered Employment Code of Conduct in Zimbabwe concerning a particular industry, profession or undertaking. see City of Gweru v Masinire 2018 (2) ZLR 461 (S). The National Employment Code of Conduct in Zimbabwe is also applicable where a registered Employment Code of Conduct is inapplicable to the facts and circumstances of a particular case. see Chingombe & Another v City of Harare & Others 2020 (2) ZLR 1203 (S).

The Supreme Court in Chikomba Rural District Council v Pasipanodya 2012 (1) ZLR 577 (S) 580 held that:

“There can be no doubt, regard being had to the provisions in the Act and the Regulations to which reference has been made, that the submission by the appellant that it was entitled to use either the Act or the Regulations or both is not tenable.  Both the Act and the Regulations are clear that the National Employment Code of conduct contained in those regulations can only be invoked where there is no registered code of conduct.  Since it is common cause that the appellant does have a registered code of conduct, the termination of a contract of employment of any of its employees had to be in terms of its code of conduct and not the National Employment Code of Conduct.  The appellant therefore erred in terminating the respondent's employment in terms of the National Employment Code of Conduct. The submission that the appellant was entitled to use the National Employment Code of Conduct because the parties had agreed that the code could be used is equally without merit. Clearly any agreement entered into between the parties had to comply with the specific provisions of both the Act and Regulations. Any agreement to the contrary would be against the law and a termination of employment based on such agreement would be null and void. That statutory provisions override the common law goes without saying.”