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Termination of Contract of Employment on the Ground of Misconduct in Zimbabwe

In Zimbabwe a contract of employment can be terminated by an employer and employee mutually in writing or where the employee was engaged for a period of fixed duration or for the performance of a specific task and the contract of employment is terminated on the expiry of such period or on the performance of such task.

The Supreme Court in Tsingo v Commercial Sugar Cane Association 2018 (2) ZLR 31 (S) held that termination of contracts of employment in Zimbabwe is done in terms of a registered Employment Code of Conduct or in the absence of a registered Employment Code of Conduct in terms of the Labour (National Employment Code of Contract) Regulations, 2006 also known as the Model Code or National Code which was established by the Minister of Public Service, Labour and Social Welfare after consultation with representatives of various trade unions and employers’ organizations in Zimbabwe. Resultantly, in Zimbabwe an employer cannot terminate a contract of employment on the ground of misconduct except in accordance with a registered employment code of conduct, or in the absence of any such code, in accordance with the National Code.