Zimbabwe: Supreme Court Ruling Opens Direct Labour Court Route for Dismissed Workers

What the report says

Zimbabwe’s Supreme Court has ruled that workers dismissed under registered employment codes may appeal directly to the Labour Court without first going through a labour officer. The decision resolves a dispute that began after Delta Beverages dismissed machine operator Mufaro Muchetu, who was accused of working under the influence of alcohol at the company’s Southerton plant in Harare.

According to the published report, Delta Beverages argued that Muchetu should have first used the labour officer process created by a 2023 amendment to the Labour Act. The company said he had not exhausted the available domestic remedy before going to court. The Labour Court had already rejected that argument, and the Supreme Court has now upheld that position.

The court said the Labour Act provisions at issue are complementary rather than conflicting. In its view, one route allows a labour officer to conciliate or otherwise help resolve a dispute, while the other gives the Labour Court appellate power over disciplinary decisions made under registered employment codes. The judges found that a labour officer is not a tribunal that can overturn the merits of a completed disciplinary case.

The ruling is significant because it clarifies how dismissed employees and employers can challenge disciplinary outcomes in Zimbabwe. It also confirms that the Labour Court remains available as a direct appeal forum in cases covered by registered employment codes, while the labour officer route serves a separate conciliation function.