32 | Zimbabwe Rule of Law Journal It is argued that the termination on notice is contrary to the provisions of S65 (1) of the Constitution of Zimbabwe through exalting the common law right over a constitutional right. This is so if termination on notice is looked in the context of ILO jurisprudence, or as a component of right to fair labour practice and standards. Termination on notice is dismissal John Grogan argues that there is significant development on the law of dismissal19 which, as Grogan puts it, has gone outside the framework of the statute to the Constitutional framework.20 Grogan argues that s 23 of the South African Constitution affords everyone the right to fair labour standards.21 In addition, Grogan argues that in the case of Old Mutual Life Assurance Company SA Ltd v Gumbi 2007 28 ILJ 1499 the Supreme Court of Appeal recognized, as an implied term of every contract of employment, a right to be terminated fairly. Grogan defines dismissal anchored on section 186(1) of the LRA.22 In terms of section 186 (1) of the LRA, dismissal means that: a. An employer has terminated a contract of employment with or without notice. b. An employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms and then the employer offers to renew it on less favourable terms or did not renew it. c. An employer refuses to allow an employee to resume work after she took maternity leave in terms of any law or collective agreement governing her contract of employment. d. An employer who dismisses a number of employees for the same or similar reasons and then offers to re-employ one or more of them but refuses to re-employ another or; e. An employee terminates a contract of employment with or without notice because the employer made employment intolerable for the employee. 19 John Grogan, Dismissal, Juta (2010) p9 20 John Grogan, ibid p10 21 ibid p10 22 ibid p10