Whether an employee in Zimbabwe can be suspended for an indefinite period of time?

It is not possible in Zimbabwe to suspend an employee for an indefinite period of time. Where an employer has good cause to believe that an employee has committed a misconduct, the employer has a discretion to suspend such an employee with or without pay and benefits.

Where an employer elects to suspend an employee, it has to furnish the employee with a letter of suspension which letter should set out the grounds of suspension. After suspending an employee, an employer has to hold a hearing generally within 14 days. It follows therefore, that suspension should be followed by a hearing.

In Zimbabwe an employer cannot suspend an employee and not hold a hearing within the stipulated period of time set out in an employment code or in the absence of a registered employment code of conduct, the Labour (National Employment Code of Conduct), Regulations 2006 (‘the Model Code’). The suspension of an employee automatically falls away once an employer has not complied with statutory provisions for the holding of a hearing.

The High Court in Nyoni v Secretary for Public Service, Labour and Social Welfare & Another 1997 (2) ZLR 516 (H) held that:

“The validity of the suspension of the applicant without pay lapsed by operation of law after 14 days and her continued suspension without holding disciplinary hearing became unlawful.”