The Labour Court of Zimbabwe overturned the Zimbabwe Congress of Trade Unions' decision to retire secretary-general Japhet Moyo when he turned 60. Justice Samuel Kudya found the retirement violated contracts, proper procedures, and Moyo's right to a fair hearing.
Moyo challenged his forced retirement as "grossly irregular" because it went against his employment contract, the union constitution, and Labour Act provisions. He asked for his job back with full benefits or compensation for damages. The ZCTU defended itself, claiming similar retirements had happened before and that Moyo himself had retired other employees under the same rules.
Justice Kudya noted Moyo's contract never specified retirement at either 60 or 65 years. The judge cited legal precedent showing pension rules don't set retirement age unless clearly stated in contracts. The court rejected ZCTU's constitutional argument, saying section 13 deals with misconduct, not retirement matters. Kudya upheld Moyo's Labour Act argument that employers can't force retirement unilaterally.
The court found that ZCTU made its decision without examining Moyo's specific employment terms or properly comparing his case to others. Justice Kudya emphasized that the right to be heard forms a basic legal principle that is applied in this situation. The court canceled the August 7, 2024, retirement decision and ordered ZCTU to reconsider after allowing Moyo to present his case. Each party must pay their legal costs.
Moyo challenged his forced retirement as "grossly irregular" because it went against his employment contract, the union constitution, and Labour Act provisions. He asked for his job back with full benefits or compensation for damages. The ZCTU defended itself, claiming similar retirements had happened before and that Moyo himself had retired other employees under the same rules.
Justice Kudya noted Moyo's contract never specified retirement at either 60 or 65 years. The judge cited legal precedent showing pension rules don't set retirement age unless clearly stated in contracts. The court rejected ZCTU's constitutional argument, saying section 13 deals with misconduct, not retirement matters. Kudya upheld Moyo's Labour Act argument that employers can't force retirement unilaterally.
The court found that ZCTU made its decision without examining Moyo's specific employment terms or properly comparing his case to others. Justice Kudya emphasized that the right to be heard forms a basic legal principle that is applied in this situation. The court canceled the August 7, 2024, retirement decision and ordered ZCTU to reconsider after allowing Moyo to present his case. Each party must pay their legal costs.
