DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. termination that are permissible in terms of the Act. AsJudgment a corollary therefore, No. SC 31/18 Civil Appeal No. SC 553/13 “termination” in terms of the section must not be generally construed but must be interpreted in a way that excludes other forms of termination which are regulated by other provisions of the Act. The termination envisaged in s 12B does not, therefore, include termination on notice, since termination on notice is regulated separately in s 12(4) of the Act. [20] That the above is the correct interpretation there can be no doubt. Indeed, in his book, Labour Law in Zimbabwe, Professor L. Madhuku states much the same. He remarks at page 99 of the book: “Section 12B does not apply to every termination of employment. It does not apply where the Act, in other provisions, is specific about termination. This is the case with retrenchment which is specifically provided for in ss 12C and 12D. Sections 12C and 12D are not made subject to s 12B so that where the retrenchment process is in full compliance with ss 12C and 12D, cadet quaestio: the termination is unassailable at law and cannot be challenged on any other ground under the Act.” [21] Indeed this Court has, in its full bench decision in the Nyamande case (supra), stated the same. At pages 190H – 191 A, this Court stated:“Section 12B of the Act, as the main heading of that section reveals, deals with dismissal and the procedures to be followed in those instances where an employment relationship is to be terminated by way of dismissal following misconduct proceedings. The Labour Act also sets out in some detail what constitutes unfair labour practice which it outlaws. Termination of employment on notice is not among the conduct that the Act outlaws as unfair labour practice. The section that deals with termination of a contract of employment on notice is s 12(4) of the Act. I shall revert to this section later in this judgment.” 21.1 The court continued, at page 192A, as follows: “It is also very clear that, on a proper reading of s 12B of the Act, it deals with the method of termination of employment known as “dismissal”. While dismissal is one method of termination of employment, it is not the only method of terminating an employment relationship. It is only one of several methods of terminating employment.” 9