Description
- Absenteeism from work – discrimination in the work place on ground of religion – insurbodination – investigation – disciplinary hearing conducted without justification – an award of 36 months salaries for unfair termination.
- Employee was terminated because she went to worship on Saturday only during worship time – allegations of absenteeism but no attendance list was brought to establish that the respondent was not in the work place – unfair termination.
- Definition of discrimination.
- Insurbodination – termination letter mentions insubordination but employer did not prove the offence.
- Procedure for termination of employment – failure to conduct investigation prior to disciplinary hearing – disciplinary hearing conducted without any justification.
- In a literal meaning of Section 40(1)(c) of the Employment and Labour Relations Act, the arbitrator has powers to grant more than 12 months salary compensation.
- Employee was awarded 36 months compensation since she was terminated as a result of discrimination on ground of religion.
