LABOUR ACT [Chapter 28:01] (as amended) liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (3) The court convicting an employer of an offence in terms of subsection (2) may order him to pay— (a) to the employee concerned; or (b) to any person specified by it for the benefit of the employee concerned; in addition to any other penalty which it may impose, an amount which, in its opinion, will adequately compensate the employee concerned for any prejudice or loss he has suffered as a result of the contravention concerned, within such period and in such instalments as may be fixed by such court. (4) The court may at any time on the application of the employer, employee or specified person concerned, for good cause shown, vary an order made in terms of subsection (3). (5) Sections 348 and 349 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to the amount specified in an order made in terms of subsection (3) as if such amount were a fine referred to in those sections. (6) Nothing contained in this section shall be construed as precluding a person referred to in subsection (1) or his representative or the executor of his estate, as the case may be, from claiming over and above any wages or benefits to which he or his estate is entitled in terms of subsection (1), damages for any prejudice or loss suffered in connection with such dismissal, termination, resignation, incapacitation or death, as the case may be. 14 Sick leave (1) Unless more favourable conditions have been provided for in any employment contract or in any enactment, sick leave shall be granted in terms of this section to an employee who is prevented from attending his duties because he is ill or injured or undergoes medical treatment which was not occasioned by his failure to take reasonable precautions. (2) During any one-year period of service of an employee an employer shall, at the request of the employee supported by a certificate signed by a registered medical practitioner, grant up to ninety days’ sick leave on full pay. (3) If, during any one-year period of service of an employee, the employee has used up the maximum period of sick leave on full pay, an employer shall, at the request of the employee supported by a certificate signed by a registered medical practitioner, grant a further period of up to ninety days’ sick leave on half pay where, in the opinion of the registered medical practitioner signing the certificate, it is probable that the employee will be able to resume duty after such further period of sick leave. (4) If, during any one-year period of service, the period or aggregate periods of sick leave exceed— (a) ninety days’ sick leave on full pay; or Re-issue (b) subject to subsection (3), one hundred and eighty days’ sick leave on full and half pay; the employer may terminate the employment of the employee concerned. (5) An employee who so wishes may be granted accrued vacation leave instead of sick leave on half pay or without pay. 14A Vacation leave (1) In this section— “qualifying service”, in relation to vacation leave accrued by an employee, means any period of employment following the completion of the employee’s first year of employment with an employer. (2) Unless more favourable conditions have been provided for in any employment contract or in any enactment, paid vacation leave shall accrue in terms of this section to an employee at the rate of one twelfth of his qualifying service in each year of employment, subject to a maximum accrual of ninety days’ paid vacation leave: Provided that, if an employee is granted only a portion of the total vacation leave which may have accrued to him, he may be granted the remaining portion at a later date, together with any further vacation leave which may have accrued to him at that date, without forfeiting any such accrued leave. (3) All Saturdays, Sundays and gazetted public holidays falling within a period of vacation leave shall be counted as part of vacation leave. (4) An employee who becomes ill or is injured during a period of vacation leave may cancel his vacation leave and apply for sick leave. (5) Where an employee has no vacation leave accrued, he may be granted vacation leave without pay. 14B Special leave Special leave on full pay not exceeding twelve days in a calendar year shall be granted by an employer to an employee— (a) who is required to be absent from duty on the instructions of a medical practitioner because of contact with an infectious disease; (b) who is subpoenaed to attend any court in Zimbabwe as a witness; (c) who is required to attend as a delegate or office-bearer at any meeting of a registered trade union representing employees within the undertaking or industry in which the employee is employed; (d) who is detained for questioning by the police; (e) on the death of a spouse, parent, child or legal dependant; (f) on any justifiable compassionate ground. 14C Weekly rest and remuneration for work during public holidays (1) Every employee shall be entitled to not less than twenty-four continuous hours of rest each week, either on the same day of every week or on a day agreed by the employer and employee. - 16 - 1st May 2003-