Question Tag: Labour Commission

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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)

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)