- 8 Marks
Question
b) You are confronted with a case where two employees’ appointments had been terminated in a private company. One of the employees was sacked for participating in labour agitations against the employer, having worked for 2 months under an oral engagement by the company.
The other employee’s appointment in the same company was terminated because the employee absented himself from work for a day since he was severely injured, and his hospital attendance was duly certified by a recognized medical practitioner.
Required:
i) State TWO orders that the Labour Commission may give to the private company in favor of the affected employees/workers. (6 marks)
ii) Will both employees have the same cause of action? (2 marks)
Answer
i) The Labour Commission may issue the following orders under Section 64 of the Labour Act, 2003 ACT 651:
- The employer may be ordered to reinstate the employee from the date of the termination of the employment.
- The employer may be ordered to re-employ the employee in the work for which the worker was employed before the termination.
- Re-employ the employee in any other reasonably suitable work on the same terms and conditions enjoyed by the worker before the termination.
- The employer may be ordered to pay compensation to the employee.
(Any 2 points for 6 marks)
ii) Both employees will have the same cause of action as they acted within their rights. (2 marks)
- Tags: Employee Rights, Employment Law, Labour Commission
- Level: Level 1
- Topic: Employment law
- Series: MAY 2018
- Uploader: Dotse