- 20 Marks
Question
Eric Afful was employed as the Chief Operations Officer of Deews Construction Company, in 2003. In 2015, the company undertook a major restructuring resulting in re-assignment of Eric to the role of Building Inspector. In this new role, his signing authorities were withdrawn and all subordinate staff transferred out of his department. His salary was reduced drastically and he was informed by the MD that the company’s budget would not be able to meet his salary. When he complained, he was advised to keep quiet or have his appointment terminated.
Required:
a) Comment on the right of the employer in the case. (5 marks)
b) On what THREE (3) grounds can Eric’s appointment be terminated? (9 marks)
c) What TWO (2) remedies will be available to Eric in the event of unfair termination? (6 marks)
Answer
a)
- The rights of the employer include the right to employ, discipline, transfer, promote, and terminate the employment of the worker as per Section 8(a) of the Labour Act, 2003 (Act 651).
- It is not within the right of the employer to reduce the salary of the employee/worker.
b)
- By mutual agreement between the employer and the worker.
- By the worker on grounds of ill-treatment or sexual harassment.
- By the employer if the worker is found on medical examination to be unfit for employment.
c)
- Re-instatement from the date of the termination of employment.
- Re-employment of the worker in the work for which the worker was employed before the termination.
- Tags: Employer's Rights, Employment Rights, Labour Law, Restructuring
- Level: Level 1
- Topic: Employment law
- Series: MAY 2019
- Uploader: Dotse