Sleeping on duty in Zimbabwe: Is it an act of misconduct?

Sleeping at work during working hours in Zimbabwe as in other countries is generally considered conduct which is in breach of the employee’s contractual obligations. Sleeping on duty may also negatively reduce or affect profitably of a company. It constitutes an action which is hazardous to the health and safety of others.

In Zimbabwe when an employee whilst expected to be working, is found in a precarious position with his or her eyes closed, pretending to be awake he or she may be found guilty of misconduct and dismissed from employment. Sleeping on duty in Zimbabwe also includes being in a state of partial or full unconsciousness or habitually dozing such that he or she is unable to perform this or her duties.

The Labour Court of South Africa in Sibanye Gold Protection Service Ltd v Commission for Conciliation, Mediation and Arbitration & Others [2025] ZALCJHB 130 held that:

“It was not seriously disputed that sleeping on duty was taken extremely seriously in the circumstances prevailing in the mine, which was grappling with the problem of illegal miners gaining access to the mine and obtaining supplies through shaft entrances, such as the one that Njani was situated on the night of the incident. In the circumstances, it cannot be said that the employer’s decision to dismiss Njani was an unfair one.”