LABOUR LAW

Whether it is mandatory to suspend an employee in Zimbabwe for misconduct?

It is not mandatory in Zimbabwe to suspend an employee for misconduct. Where an employer has reason to believe that an employee has committed an act of misconduct, it has a discretion to suspend such an employee with or without pay and benefits and forthwith serve the employee with a letter of suspension with reasons and grounds for suspension.

The Supreme Court of Zimbabwe in Madziyauswa v ZFC Ltd & Another SC 73-15 at page 5 held that:

“In any event, a suspension is not an integral process in disciplinary hearing proceedings. A suspension may precede a disciplinary hearing. It is however, not mandatory that in every case there be a suspension before disciplinary proceedings are commenced. Stated differently, there is no requirement that an employee must be suspended pending disciplinary proceedings, the discretion being that of the employer.”

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