The Labour Court of Zimbabwe has nullified the Zimbabwe Congress of Trade Unions (ZCTU)’s decision to retire its Secretary-General, Japhet Moyo, at age 60, ruling the move was legally flawed.
Justice Samuel Kudya, who delivered the judgment, found that the retirement violated key contractual and procedural safeguards, including Moyo’s right to be heard.
Moyo challenged the decision, arguing it breached his employment contract, the union’s constitution, and the Labour Act. He sought reinstatement with full benefits or compensation and legal costs.
ZCTU defended the retirement as consistent with established practice, noting that Moyo had previously overseen similar retirements.
However, the court disagreed, finding no clause in Moyo’s contract specifying retirement at 60 or 65, and ruled that the ZCTU constitution did not support the action taken.
Justice Kudya cited the City of Harare v Mubvumbi case, stressing that pension regulations do not establish a retirement age unless clearly stated in a contract.
He also upheld Moyo’s argument under Section 12(4)(a) of the Labour Act, which prohibits employers from unilaterally retiring employees. Ruled Justice Kudya:
The new amendment sought to take away the power of an employer to retire an employee.
Justice Kudya also found that Moyo’s retirement had been decided without proper consideration of his specific employment terms or a fair comparison to other retirees.
Citing ZESA v Stefavo, he ruled that “the right to be heard is the cornerstone of the law” and could not be disregarded in this case.
The court ultimately set aside ZCTU’s decision of August 7, 2024, and ordered the union to revisit the matter after allowing Moyo to present his case.
Each party was ordered to bear its own legal costs.
More: NewsDay
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