Undertaking of the Harare Municipal Collective Bargaining Agreement

The City of Harare and four municipal unions have agreed a new code of conduct and grievance handling procedure, replacing S.I. 13 of 2015. It binds permanent, contract and casual employees in grades 7 to 16 — the non-managerial staff — and excludes managerial employees and senior officials appointed under the Urban Councils Act. Every covered employee must be given a copy, and amendments must go up on workplace notice boards.

Offences are sorted into four categories, and the category decides how fast an employee moves toward dismissal. A minor offence draws a first written warning, then a second, then a final, then dismissal on the fourth breach. A serious offence starts at a second written warning and reaches dismissal on the third. A very serious offence starts at a final written warning and reaches dismissal on the second. Gross misconduct means dismissal on the first breach. Warnings expire: first written after three months, second after six, final after twelve. Verbal warnings may be given by a supervisor without an inquiry but in front of a witness; everything else goes through the disciplinary committee.

Minor offences are one day's unauthorised absence, poor timekeeping, horseplay, and discourtesy to clients, visitors or colleagues. Serious offences include negligent loss or damage, careless or substandard work, concealing defective work, driving a council vehicle without a licence or authority, running a chimbadzo money-lending operation on council premises, two to three days' unauthorised absence, carrying unauthorised passengers, disregarding safety and security regulations, gambling at work, and bypassing communication channels.

Very serious offences include four days' unauthorised absence, refusing overtime or standby after reasonable notice, moonlighting in working hours, ignoring standing instructions, inciting others to disobey lawful orders, malingering, aiding theft, giving false evidence, threats and intimidation, breach of confidentiality, misuse of council property, and sleeping on duty.

Gross misconduct — dismissal at the first offence — covers violence and harassment (defined broadly to include gender-based violence and harassment, and to reach the workplace, rest and washing facilities, work trips and training, employer-provided accommodation and the commute), theft, corruption, extortion, forgery of documents including qualifications, fraud, habitual and substantial neglect of duty, gross incompetence, lacking a skill the employee claimed to have, fighting and riotous behaviour, assault, dealing in or possessing illegal drugs on duty, and being drunk or under the influence at work.

The committee is expected to follow the penalty grid for consistency but may impose a more lenient penalty, noting its reasons on the case record, and must weigh the seriousness of the offence and the employee's service record — length of service, seniority and breach of trust among them — before dismissing. The code runs for five years from registration; if it is not reviewed within three months of that lapsing, it is deemed deregistered.