THE Labour Court of Zimbabwe has set aside the Zimbabwe Congress of Trade Unions (ZCTU)'s decision to retire its secretary-general Japhet Moyo at the age of 60, ruling that the move was legally flawed.
The judgment, delivered by Justice Samuel Kudya, found that the retirement violated key contractual and procedural safeguards, including Moyo’s right to be heard.
Moyo challenged his retirement, arguing that ZCTU’s decision was “grossly irregular” because it violated his employment contract, the union’s constitution and provisions of the Labour Act.
He was seeking reinstatement with full benefits or damages, as well as costs.
ZCTU, however, defended its decision, claiming that the retirement was consistent with past practices and that Moyo had himself retired other employees under similar conditions.
Justice Kudya’s ruling was premised on several critical findings and on the contractual violation, he noted that there is nowhere in Moyo’s contract where it is indicated that retirement will be at 65, or was there clarity on the 60-year threshold.
The judge cited City of Harare v Mubvumbi, emphasising that pension regulations do not set retirement age unless explicitly incorporated in a contract.
The court also dismissed ZCTU’s reliance on its constitution, stating that section 13 “speaks to acts of misconduct which do not come anywhere near the retirement construct.” However, the judge upheld Moyo’s argument under section 12(4)(a) of the Labour Act, which restricts employers from unilaterally retiring employees.
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“The new amendment sought to take away the power of an employer to retire an employee,” Justice Kudya ruled.
He also found that Moyo’s retirement was decided without proper scrutiny of his unique employment terms or comparison to other retirees.
Quoting Zesa v Stefavo, Justice Kudya stressed that “the right to be heard is the cornerstone of the law” and could not be waived in this case.
Ultimately, the court set aside ZCTU’s August 7, 2024, decision and ordered the union to reconsider Moyo’s retirement after allowing him to make representations.
He also ruled that the parties bear their respective costs of the application.
