Court overturns ZCTU’s bid to retire official

Ivan Zhakata-Herald Correspondent

THE Labour Court has overturned the Zimbabwe Congress of Trade Unions’ (ZCTU) bid to retire its secretary-general Mr Japhet Moyo at the age of 60, ruling that the move was unlawful and procedurally flawed.

Delivering judgment number LC/H/142/2025 in Harare last week, Justice Lillian Kudya found that the ZCTU’s attempt to force Mr Moyo into retirement lacked legal basis, violated his right to be heard and was neither supported by his contract nor the ZCTU constitution.

“The decision to retire the applicant on the basis of disputed contractual terms and without affording him a fair hearing cannot be allowed to stand,” said Justice Kudya.

Mr Moyo, a long-serving secretary-general of ZCTU was informed of his retirement on August 7, 2024.

He immediately challenged the move, citing five grounds for review, including breach of contract, misinterpretation of ZCTU’s internal rules, and contravention of the Labour Act following recent legislative amendments.

Crucially, the court upheld the argument that only employees have the legal right to retire themselves, stripping employers of that power.

ZCTU’s unilateral action was therefore in direct conflict with the Labour Act, which now mandates that retirement must be at the employee’s discretion.

Further, the court found that ZCTU failed to demonstrate that any valid conditions of service were used to justify Moyo’s retirement.

It also rejected the union’s argument that past practices justified the decision, noting that Moyo’s role and contract required specific legal scrutiny.

“The court was not favoured with such conditions to assess their applicability… the decision appeared arbitrary,” Justice Kudya said.

Though the court did not order immediate reinstatement, it directed ZCTU to reassess the retirement issue after giving Moyo a proper opportunity to be heard.

The decision of August 7, 2024 was set aside, and the case was remitted to ZCTU for reconsideration.

Justice Kudya ordered that each party bears their own legal costs.