UNFAIR DISMISSAL: THE ZIMBABWEAN CONTEXT
BASIS In terms of the Section 65 (1) of the Zimbabwean Constitution (Amendment No. 20) every person has a right to fair and safe Labour Standards. It therefore follows that every Zimbabwean citizen has a constitutional right to fair and safe labour standards. This include the right not to be unfairly dismissed from employment. Unfair dismissal claims in Zimbabwe are made under The Labour Act [Chapter 28:01} hereinafter referred as the Act. Section 12 (B) of the Labour Act [Chapter 28:01] sets guidelines of what constitutes unfair dismissal. A person is unfairly dismissed from employment if an employer fails to show that he dismissed an employee in terms of an employment code. If there is no employment code an employer should show that he dismissed an Employee in terms of the model code in Section 101 (9) of the Labour Act [Chapter 28:01]. THE MODEL CODE The model code as provided in section 101 (9) of the Act is Statutory Instrument 15 of 2006 [SI 15/06] commonly refe