MARANATHA FERROCHROME v NYEMBA 2012 (2) ZLR 145 (S)

Flynote

Employment — contract — terms — variation — when employer may vary terms of contract — when employer incurs liability to pay for duties not specified in contract of employment

Headnote

? An employer may require an employee to carry out tasks which may be different but are closely related to the employee's duties without incurring any obligation to pay for those duties. An employee is under an obligation to obey the lawful orders given by the employer. As long as those tasks are not too remote in nature from the employee's normal duties, are carried out during normal working hours and, in the absence of a suggestion that the employee had to engage in overtime to perform those duties, the employer would not be liable to pay for those duties. The employer has the right to unilaterally vary the terms of employment, such as the duties being done by the worker, the location of work or department or to facilitate disciplinary investigations, provided such variation is not substantially different from the contract job description or does not result in substantial downgrading of the status and dignity of the employee or is in breach of a legitimate expectation of the employee or is not unlawful discrimination. Conversely, an employee can lawfully refuse to carry out an order where there has been substantial variation of the employment contract and, in particular, where the order is not closely related to the duties of the employee.