What constitutes misconduct in Zimbabwe

Neither the Labour Act [Chapter 28:01] nor the Labour (National Employment Code of Conduct) Regulations, 2006 which govern employment and labour matters in Zimbabwe define the term ‘misconduct’.

The term misconduct is broad. Each undertaking, industry or workplace has in place rules, policies and professional standards which should be adhered to. Hence, misconduct in the work place in Zimbabwe can be said to relate to any act, conduct or omission inconsistent with any established set of by – laws, codes, rules or regulations, by which employees are habitually governed.

Some of the examples of misconduct in Zimbabwe include but are not limited to:

• Abuse of sick leave
• Any act, conduct or omission grossly inconsistent with the fulfilment of express or implied conditions of one’s contract
• Assaulting of clients, visitors, officials or institutional employees
• Being convicted of a criminal offence where the punishment is imprisonment
• Carelessness
• Carrying of unauthorised passengers
• Concealing one’s defect work
• Conduct or behaviour likely to bring the institutions name into disrepute
• Conflict of interest with institutional business or policies
• Deliberate refusal to work overtime
• Deliberately giving false evidence or being dishonest
• Disregarding communication channels
• Disregarding of institutional safety and security regulations
• Drinking alcohol within the work premises
• Driving institutional vehicles without authority
• Drunkenness
• Eating at undesignated working areas
• Embezzlement
• Extortion
• Failure to comply with standing instructions or follow established procedures
• Falsification of documents
• Fraud
• Gambling on institutional premises during working hours
• Gross incompetence
• Habitual and substantial negligent of duty
• Harassment to clients, visitors, or other employees
• Horseplay or unruly behaviour
• Inciting another employee to disobey lawful orders or institutional procedures
• Inefficiency in the performance of work
• Insubordination
• Lack of skill which an employee expressly or impliedly held himself or herself to possess
• Misuse and damage of institutional/company property
• Misuse of company telephones
• Moonlighting
• Negligence or inefficiency in one’s work
• Poor time keeping
• Possession or dealing in illegal drugs whilst on duty or on institutional premises
• Riotous behaviour
• Sabotage
• Sexual harassment
• Sleeping on duty
• Smoking in undesignated areas or within the work premises
• The use of abusive gestures or language
• Theft
• Threating violence or intimidation
• Unauthorised absence from work (including for five or more days without reasonable cause)
• Unauthorised reading of material during work hours
• Unlawful job action
• Unlawful possession of an offensive weapon on institutional premises
• Unreasonable deviation from normal routine
• Unsatisfactory work performance
• Usury (Chimbadzo or Money lending)
• Wilful disobedience to a lawful order
• Wilful loss or damage of property
• Wilful refusal to carry out lawful instructions
• Withholding information