**Question**: *Gilbert, a cashier at Summit Pharmacy, is dismissed without a
hearing after being accused of stealing $20 from the till. He was not provided
with any reasons for his dismissal. He wants to prove his innocence and get
his job back. Advise him on his prospects of success and the process he
should follow, referring to labour laws and acts in Zimbabwe.*
---
### **Advice to Gilbert**
**1. Violation of Procedural Fairness**:
- Under Zimbabwean labour law, every employee is entitled to procedural
fairness when being dismissed. According to the *Labour Act [Chapter
28:01]*, dismissal without a hearing constitutes a violation of Gilbert's right
to be heard.
- Section 65(1) of the *Constitution of Zimbabwe* stipulates that every
employee has the right to fair and safe labour practices and standards,
including the right to be informed of any allegations against them and to be
given an opportunity to defend themselves.
**2. Right to be Informed of the Reason for Dismissal**:
- The *Labour Act* further emphasizes in Section 12B(3) that an employer
must provide the employee with a written statement of the reasons for
dismissal. In Gilbert’s case, he was dismissed without any reason being
provided, which is another violation of his rights.
**3. Prospects of Success**:
- Given that Gilbert was dismissed without a hearing and without being
provided with reasons, he has strong grounds to challenge the dismissal. The
absence of a hearing and the failure to provide reasons for dismissal are both
clear violations of his statutory rights. Therefore, he has a good chance of
succeeding in proving that the dismissal was unfair.
**4. The Process Gilbert Should Follow**:
- **a) Internal Appeal or Grievance Process**:
- Gilbert should first check if Summit Pharmacy has an internal appeal or
grievance procedure. He can file a grievance, requesting a formal hearing to
address the allegations against him.
- **b) Approach the Labour Officer**:
- If the internal process does not resolve the issue, Gilbert should
approach a Labour Officer at the Ministry of Labour and Social Welfare. The
Labour Officer will try to conciliate between Gilbert and Summit Pharmacy.
- **c) Conciliation**:
- During conciliation, if an agreement is reached, the matter can be
settled amicably. If no agreement is reached, the Labour Officer will issue a
certificate of no settlement.
- **d) Referral to the Labour Court**:
- Gilbert can then refer the matter to the Labour Court. The Labour Court
has the power to order reinstatement, compensation, or any other remedy it
deems fit under the circumstances. The Labour Court will consider whether
the dismissal was procedurally and substantively fair.
- **e) Seeking Reinstatement or Compensation**:
- Gilbert can argue for reinstatement with back pay, as he was dismissed
without due process. If reinstatement is not possible, he may seek
compensation for unfair dismissal.
**5. Relevant Case Law**:
- Gilbert may also refer to relevant case law in Zimbabwe where employees
have successfully challenged dismissals that were done without hearings or
reasons. Cases like *Muzondo v City of Harare* and *Matamisa v BP Shell
Marketing Services (Pvt) Ltd* have established precedents for the
importance of following due process in dismissals.
---
**Conclusion**:
Gilbert's dismissal without a hearing and without being provided reasons is
likely to be deemed unfair under Zimbabwean labour law. He should follow
the outlined steps to challenge the dismissal and potentially secure
reinstatement or compensation. His prospects of success are strong given
the clear violations of his legal rights.
To properly advise Gilbert on his prospects of success and the process he
should follow, I'll break it down into clear, actionable advice.
---
**Subject**: *Advising Gilbert on Challenging an Unfair Dismissal*
**1. Understanding Gilbert's Situation:**
Gilbert, as a cashier at Summit Pharmacy, has been accused of stealing $20
and dismissed without being given a hearing or a reason for his dismissal.
His main concern is whether he can successfully prove his innocence and get
his job back.
**2. Prospects of Success:**
Gilbert’s prospects of successfully challenging his dismissal are strong,
primarily because his dismissal did not follow the due process required by
Zimbabwean labour law. According to the *Labour Act [Chapter 28:01]* and
the *Constitution of Zimbabwe*:
- **Right to a Fair Hearing**: Gilbert was denied a hearing, which violates the
principles of natural justice. Section 65(1) of the *Constitution* guarantees
every employee the right to fair labour practices, including the right to a
hearing before dismissal.
- **Right to be Informed of the Reasons for Dismissal**: Section 12B of the
*Labour Act* requires that an employer provides an employee with a written
statement of the reasons for dismissal. This was not done in Gilbert’s case,
further strengthening his claim of unfair dismissal.
Given these violations, the law is on Gilbert's side. He has a solid foundation
to claim that his dismissal was both procedurally and substantively unfair.
**3. The Process Gilbert Should Follow:**
To challenge his dismissal and potentially get his job back, Gilbert should
follow these steps:
**Step 1: Appeal Internally (if possible)**
- **Internal Grievance Procedure**: Gilbert should first check if Summit
Pharmacy has an internal grievance or appeal process. If such a process
exists, he should formally raise his concerns through this channel, requesting
a review of the decision to dismiss him.
**Step 2: Engage with a Labour Officer**
- **Contact the Ministry of Labour**: If the internal process does not resolve
the issue or is not available, Gilbert should approach a Labour Officer at the
Ministry of Labour and Social Welfare. The Labour Officer will initiate
conciliation proceedings between Gilbert and Summit Pharmacy.
**Step 3: Conciliation**
- **Conciliation Process**: During conciliation, the Labour Officer will attempt
to mediate between the parties. If an agreement is reached, the matter can
be settled without further action. If no agreement is reached, the Labour
Officer will issue a certificate of no settlement.
**Step 4: Referral to the Labour Court**
- **Labour Court Action**: With the certificate of no settlement, Gilbert can
refer his case to the Labour Court. The Labour Court has the jurisdiction to
review his case and determine whether the dismissal was fair. Based on the
evidence and the law, the Labour Court could order Gilbert’s reinstatement
with back pay or, if reinstatement is not feasible, compensation for unfair
dismissal.
**Step 5: Possible Outcomes**
- **Reinstatement**: If the Labour Court finds that Gilbert was unfairly
dismissed, they may order that he be reinstated to his former position with
full back pay from the date of dismissal.
- **Compensation**: If reinstatement is not an option (for example, if the
employment relationship has broken down irreparably), the court may award
compensation instead. This compensation would take into account the
unfairness of the dismissal and the losses Gilbert suffered as a result.
**4. Supporting Legal Framework**
- **Labour Act [Chapter 28:01]**: This Act governs employment relationships
in Zimbabwe and provides the legal basis for challenging unfair dismissals.
- **Constitution of Zimbabwe**: Section 65(1) supports Gilbert’s right to fair
labour practices, which includes the right to be heard and the right to be
informed of reasons for dismissal.
**5. Conclusion**
Gilbert has strong prospects of success in challenging his dismissal. His
dismissal without a hearing and without being provided with reasons violates
fundamental principles of fairness under Zimbabwean labour law. By
following the outlined process, Gilbert can effectively challenge his dismissal
and seek either reinstatement or compensation.
