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. allowing the same to run its course and that the same result canJudgment be achieved payment No.bySC 31/18 Civil Appeal No. SC 553/13 made by the employer in respect of the unexpired term of the fixed contract – Madawo Interfresh Ltd 2000(1) ZLR 660(H), 666 C; Magodora v Care International Zimbabwe 2014 (1) ZLR 397(S), 402 C-D. WHETHER TERMINATION UNDER SECTION 12B INCLUDES ALL FORMS OF TERMINATION [17] Section 12B provides, in relevant part, as follows:“12B DISMISSAL (1) – (Not relevant) (2) – (Not relevant) (3) An employee is deemed to have been unlawfully dismissed – (a) (not relevant) (b) If, on termination of an employment contract of fixed duration, the employee (i) Had a legitimate expectation of being re-engaged; and (ii) Another person was engaged instead of the employee.” [18] The interpretation that attaches to the above section lies at the centre of the dispute between the parties to this appeal. The respondent says it is the fact of termination and not the means of termination which is relevant. He argues that the word “termination” has been used in a general sense and that there is therefore no rational basis for restricting its meaning as suggested by the appellant. He further argues that termination on notice is termination all the same. I have no doubt that the respondent is wrong in his interpretation of the section in question. [19] It is clear that s 12B, which starts with the bald heading “Dismissal”, deals with cases of termination by way of dismissal and that it does not deal with the other forms of 8