Description
An employment contract of an indefinite period – absenteeism from work for two days – reasonable time to prepare for hearing and respond to any allegations from the employer – termination of employment by the disciplinary hearing committee – compensation for unfair termination – not less than 12 months salaries, clean certificate of service etc.
- An employment contract of an indefinite period cannot be terminated without fault.
- Absenteeism – procurement officer was absent from work for two days on grounds that he travelled to perform a task which he was not assigned to do – the reason is unacceptable.
- Absenteeism from work for two days does not justify termination.
- It is a command of the law that employees be availed with reasonable time to prepare for the hearing and respond to any allegations from employer, and reasonable time is termed to be not less than 48 hours.
- Employer was given a letter of allegations against him and was ordered to respond on the same day – it was held that the employer was not availed with reasonable time to respond.
- Termination letter was signed by e member of the disciplinary committee ( human resource director ) – wrong.
- The role of the disciplinary hearing committee is to hear and find the employee guilty/not guilty and recommend the best penalty to the higher authority to make decision.
- An issue which was not raised before the Commission for Mediation and Arbitration cannot be rained during the revision stage.
- Chairman of the disciplinary hearing committee should not have been involved in the circumstances giving rise to the case.
- Compensation for unfair termination – compensation of not less than 12 moths salaries, one month’s salary leave, one month’s salary in lieu of notice, severance pay and clean certificate of service.
