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PART VIII-D1SCIPLINE AND DISMISSAL |
Disciplinary
action |
56. (1) An employer shall be entitled to take
disciplinary action, other than
dismissal, when it is reasonable to do so considering all the circumstances. (2) For the purposes of this Part a "disciplinary action" includes- (a) a written warning; (b) suspension; and (c) demotion. (3) Subject to subsection
(4), no employer shall impose a fine or other
Provided that the employer may not pay wages to the employee
(4) An employer may deduct
an amount of money from an employee's
(5) In deciding whether the
employer has acted reasonably regard shall
Previous conduct and the circumstances of the employee. (6) A complaint that disciplinary
action is unreasonable may be made
(7) Where the labour officer fails
to settle the matter within one
(8) The right of an employee
to make a complaint under this section she
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Justification
for dismissal |
57. (1) The employment of an employee shall not be terminated
by an
employer unless there is a valid reason for such termination connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking. (2) The employment of an employee
shall not be terminated for reasons
(3) The following reasons do not
constitute valid reasons for dismissal
(a) an employee's race, colour, sex, language, religion political or
(b) an employee's exercise of any of the rights specified in Part |
No. 16 of 1996 | 11 of the Labour Relations Act; |
(c) an employee's temporary absence from work because of sickness or injury;
(d) an employee's exercise or proposed exercise of the right to
(e) an employee's participation or proposed participation in
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No. 16 of 19% |
sions of Part V of the Labour Relations Act; an employee's
refusal to do any work normally done by an employee who is engaged in industrial action; or
(g) the filing of a complaint or the participation in proceedings
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Unfair dis-
missal |
58. A dismissal is unfair if it is not in conformity with
section 57 or is a
constructive dismissal pursuant to section 60. |
Summary
dismissal |
59. (1) An employer is entitled to dismiss summarily
an employee on the
following grounds- (a)
where an employee is guilty of serious misconduct inconsistent with
(b) habitual or substantial neglect of his duties; (c)
lack of skill that the employee expressly or by implication
(d) wilful
disobedience to lawful orders given by the employer; or
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Constructive
dismissal |
60. An employee is entitled to terminate the contract of employment
without
notice or with less notice than that to which the employer is entitled by any statutory provision or contractual term where the employer's conduct has made it unreasonable to expect the employee to continue the employment relationship. |
Proof of
reason for dismissal |
61. (1) In any claim or complaint arising out of the dismissal of an
employee,
it shall be for the employer to provide the reason for dismissal and if the employer fails to do so, there shall be a conclusive presumption that the dismissal was unfair. (2) In addition to proving that
an employee was dismissed for reasons
(3) In the circumstances mentioned
in section 60, it shall be for the
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Complaints of
unfair dismissal |
62. (1) Within three months of the date of dismissal, an employee
shall have
the right to complain to the District Labour Officer that he has been unfairly dismissed, irrespective of whether notice has been given or not. (2) The right of an employee to
make a complaint under this section
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Remedies
for unfair dismissal |
61. (1) If the Court finds that an employee's complaint of unfair
dismissal
is well founded, it shall award the employee one or more of the following remedies- (a)
an order for reinstatement whereby the employee is to be
(b) an order for re-engagement whereby the employee is to be
(c) an award of compensation as specified in subsection (4). (2) The Court shall, in deciding
which remedy to award, first
(4) An award of compensation
shall be such amount as the Court
(5) The amount to be awarded
under subsection (4) shall not be
(a) one week's pay for each year of service for an employee
(b) two week's pay for each year of service for an employee
(c) three week's pay for each year of service for an employee
(d)
one month's pay for each year of service for an employee who has
(6) Where the Court has made an
award of reinstatement or re-
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