The Nyamande Decision and Its Aftermath: Where Does Zimbabwean Labour Law Stand?

The Supreme Court's decision in Nyamande & Another v Zuva Petroleum (Pvt) Ltd SC 43/15 caused significant disruption to employment relations in Zimbabwe by holding that the common law right to terminate a contract of employment on notice survived the amendments to the Labour Act.

The Labour Amendment Act No. 5 of 2015 was enacted in response to the Nyamande decision, but questions remain about its interpretation and application.

I would like to discuss:

1. The current state of the law on termination of employment in Zimbabwe
2. The interaction between the common law and the Labour Act after the 2015 amendments
3. The practical implications for employers and employees
4. The position on retrenchment packages and the calculation of terminal benefits

This is an area where the law has been in flux, and practitioners need clarity. I would welcome contributions from those who have appeared in recent Labour Court matters on these issues.