Labour Court reinstates ZCTU's secretary-general

In a significant legal ruling, the Labour Court of Zimbabwe has annulled the Zimbabwe Congress of Trade Unions (ZCTU)'s decision to retire its secretary-general, Japhet Moyo, at the age of 60. Justice Samuel Kudya, who delivered the judgment, found that the move was legally flawed, violating key procedural and contractual safeguards, including Moyo's right to be heard.

Moyo had contested his retirement, arguing that the decision was "grossly irregular," as it breached his employment contract, ZCTU's constitution, and provisions of the Labour Act. He sought reinstatement with full benefits or, alternatively, compensation in damages, alongside the recovery of legal costs.

ZCTU, on the other hand, defended the decision, asserting that Moyo's retirement was in line with past practices within the union. The union further contended that Moyo had previously overseen the retirement of other employees under similar conditions.

In his ruling, Justice Kudya made several critical findings. The judge noted that Moyo's employment contract made no reference to a retirement age of 60 or 65, thus raising doubts about the validity of ZCTU's claim. He highlighted the importance of clearly specified retirement terms in an employee's contract, citing the case of City of Harare v Mubvumbi, where pension regulations were discussed, and confirming that retirement age should be explicitly outlined in a contract.

The court also rejected ZCTU's reliance on its constitution, particularly section 13, which deals with acts of misconduct. Justice Kudya stated that section 13 did not pertain to retirement issues, emphasizing that Moyo's situation was not linked to any misconduct.

In a key aspect of the ruling, the judge referenced section 12(4)(a) of the Labour Act, which restricts employers from unilaterally retiring employees. "The new amendment sought to take away the power of an employer to retire an employee," Justice Kudya affirmed, underscoring the protections available to employees in such matters.

Furthermore, the court found that Moyo's retirement decision had been made without proper consideration of his unique employment terms or a fair comparison with other retirees. Citing the case of Zesa v Stefavo, the judge stressed that the "right to be heard is the cornerstone of the law," and this principle could not be waived in Moyo's case.

As a result, the court set aside ZCTU's decision, made on August 7, 2024, to retire Moyo. The union was ordered to reconsider the retirement decision, allowing Moyo the opportunity to make representations.

The ruling also stipulated that each party would bear its respective legal costs.

This judgment is expected to have broader implications for labor practices in Zimbabwe, particularly concerning the rights of union leaders and employees facing retirement decisions. It reaffirms the principle of fair treatment in employment matters and the necessity for transparency and proper procedural adherence in making such decisions.