- 20 Marks
Question
a) Does every employee have the right not to be unfairly dismissed? (10 marks)
b) Discuss five reasons which, if one is established against the employee by the employer, may make the dismissal fair. (10 marks)
(Total=20 marks)
Answer
a) Grounds for Unfair Termination – S.63 of Act 651:
Grounds on which a worker can be unfairly terminated are as follows:
- That the worker has joined or intends to join or has ceased to be a member of a trade union or intends to take part in the activities of a trade union. (2 Marks)
- That the worker seeks office as, or is acting or has acted in the capacity of, workers’ representative. (2 Marks)
- That the worker has filed a complaint or participated in proceedings against the employer involving alleged violation of this Act or any other enactment. (2 Marks)
- That the worker’s gender, race, color, origin, religion, creed, social, political, or economic status. (2 Marks)
- That the worker is temporarily ill or injured and this is certified by a recognized medical practitioner. (2 Marks)
b) Grounds for Fair Termination – S.62 of Act 651:
Grounds on which a worker can be fairly terminated are as follows:
- That the worker is incompetent. (2 Marks)
- Or lacks the qualification. (2 Marks)
- Proven misconduct of the worker. (2 Marks)
- Redundancy under S.65. (2 Marks)
- S.15 of the Acts stated grounds for termination. (2 Marks)
- Tags: Dismissal, Employment Law, Fair Termination, Unfair Termination
- Level: Level 1
- Topic: Employment law
- Series: NOV 2015
- Uploader: Dotse