Scientific and industrial research and development centre v Chakuparira 2001 (2) ZLR 421 (H)

Mr LT Biti for the appellant employment— contract and labour law. The appellant employed the respondent for a three year probationary period, during which either party was entitled to terminate the employment contract on one months notice. During the probationary period, the respondent refused to sit an assessment test, for which he was suspended and subsequently dismissed for refusing to obey a lawful order. The labour Relations Tribunal upheld his appeal against the dismissal, holding that he could no be required to sit an assessment tete until the end of the period of probation. The appellant took the tribunals decision on appeal tot he supreme court

held that at common law an employer in the appellants position has a right to test and assess an employee under probation. As in any period of probation the respondent was under scrutiny and liable to assessment: this was confirmed by the fact that his contract could be terminated on one month’s notice. His failure to undergo the test therefor constituted wilful disobedience to a lawful order and the appellant was entitled to dismiss him.