28 | Zimbabwe Rule of Law Journal is a fair labour practice and standard. Thus, when interpreting the provisions of s65 (1) of the Constitution of Zimbabwe, there should be inclusion of the right to fair dismissal. In dealing with cases of fair labour standards as set in the Labour Act the courts will be essentially be dealing with matters raising constitutional issues. In the case of NEHAWU v University of Cape Town (NEHAWU) the court ruled that because the Labour Relations Act 66 of 1995 gave content to the rights in respect of labour relations in s 23 of the constitution, its interpretation application “in application compliance with the constitution” are constitutional issues. The court in NEHAWU further held that the right to fair labour standards and practices in s 23(1) of the Labour Relations Act 66 of 1995 is applicable to both the workers and employers. Rautenbach argues that the focus of s23 (1) of South African Labour Relations Act is to ensure that the relationship between the worker and the employer is fair to both.10 He says the right not to be unfairly dismissed is essential to the right to fair labour practices.11 The Supreme Court of Zimbabwe (SCZ) seems to have adopted an opposite approach in dealing with matters of unfair dismissal. Its standard is clearly a common law approach as opposed to ILO jurisprudence yet the common law does not define what unfair dismissal constitutes. The approach by the Zimbabwean Supreme Court seems to be conservative as it is based on the concept of lawfulness and not fairness. There is a difference between the two concepts of fairness and lawfulness. A termination maybe within the parameters of the law but yet not fair. Lawfulness is confined to what the rules of law say yet fairness referred to in s12B of the Labour Act (28.01) extends beyond what the rules of law enunciate. Fairness also includes the aspect of equity and morality to some extent unlike law that may be law despite its moral content.12 Hence, the correct 10 I M Rautenbach, Overview of Constitutional Court Decisions on the Bill of Rights-2002, TSAR 2003 p182 11 Ibid 12 Lovemore Madhuku, Introduction to Law In Zimbabwe, Harare, Weaver Press, 2010