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In a landmark ruling reaffirming the power of employers over their employees, the Supreme Court has ruled that the latter should submit to the authority of the former if the employer/employee relationship is to subsist.
Last week, the Supreme Court noted that this provision is firmly grounded in common law.
Justice Chinembiri Bhunu made the ruling after the National Employment Council for the Catering Industry in Zimbabwe (NECCI) had challenged Labour Court’s decision for the NECCI to reinstate its four fired employees and give them final warnings instead.
The court heard that the quartet – Richard Kundeya, Panganai Daniel Marufu, Ephraim Tawana and William Musiiwa – were served with transfer letters effective January 1, 2013.
Despite the transfers being in line with NECCI’s policy that rotates agents, the four objected to the transfers.
Their failure to follow the order saw them being charged with wilful disobedience to a lawful order provided by Section 4(b) of the National Employment Code of conduct.
A disciplinary committee was constituted and it found them guilty of the offense.
They were subsequently dismissed from the organisation.
The quartet then appealed against this decision.
An arbitrator and the Labour Court ruled that the employees be given final warnings.
However, NECCI approached the Supreme Court challenging the Labour Court’s ruling.
In his ruling, Justice Bhunu noted that, “Subordination to the employer’s lawful orders is a fundamental ingredient of the contract of employment without which it cannot exist.
“Thus both at common law and statute, an employer/employee relationship can only subsist in an environment where the employee is ready and willing to submit to the employers’ lawful authority.”
Online Reporter