Zimbabwe Rule of Law Journal |27 adopted from the ILO literature since Zimbabwe has already ratified and signed a number of international labour standards as will be discussed. Section 326 (1) of the Constitution of Zimbabwe provides reference to the international customary law in interpreting treaties and conventions and provides that customary international law is part of the Zimbabwean law unless it is inconsistent with the Constitution and Acts of parliament. However, when interpreting a statute or the Constitution of Zimbabwe the rule is that the Constitution or statute must be interpreted in such a manner that is consistent with international customary law or convention or treaty.8 The answer to what constitutes a fair labour standard and practice is thus found under international law. As already pointed out, a number of these fair labour standards and practices exist, including: a. right to fair dismissal, b. right to maternity leave, c. right to vacation leave, d. right to fair conditions and terms of employment, e. right to organize f. right to join trade union of choice etc.9 The Zimbabwean Labour Act [Chapter 28.01] does set a number of fair practices and standards. Section 6, s7, s8, s9 and s10 of the Labour Act (28:01) lists unfair labour practices and standards. However, particular to the purpose of this paper is s12B of the Labour Act where it is provided that an employee has a right not to be unfairly dismissed. It is submitted that this provision 8 Sections 326 and 327 of the Constitution of Zimbabwe. 9 See ILO, Rules of the Game, A brief introduction to International Labour Standards, ILO, Revised Edition, Switzerland, 2009, in general.