Question Tag: Unfair Termination

Search 500 + past questions and counting.
Professional Bodies Filter
Program Filters
Subject Filters
More
Tags Filter
More
Check Box – Levels
Series Filter
More
Topics Filter
More
  • 20 Marks

BCL – Nov 2015 – L1 – Q3 – Employment Law

Discuss whether every employee has the right not to be unfairly dismissed and reasons that make dismissal fair.

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)

a) Grounds for Unfair Termination – S.63 of Act 651:
Grounds on which a worker can be unfairly terminated are as follows:

  1. 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)
  2. That the worker seeks office as, or is acting or has acted in the capacity of, workers’ representative. (2 Marks)
  3. 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)
  4. That the worker’s gender, race, color, origin, religion, creed, social, political, or economic status. (2 Marks)
  5. 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:

  1. That the worker is incompetent. (2 Marks)
  2. Or lacks the qualification. (2 Marks)
  3. Proven misconduct of the worker. (2 Marks)
  4. Redundancy under S.65. (2 Marks)
  5. S.15 of the Acts stated grounds for termination. (2 Marks)
  • 10 Marks

BCL – Mar 2023 – L1 – Q4a – Employment Law

Identify grounds for unfair termination and remedies under the Labour Act, 1963 (Act 651).

a) In a negotiation meeting between the Ministry for Employment, representatives of the Mineworkers Union, and Management of Anglosilver Ltd, the meeting ended in a deadlock. The following day, the workers were notified that the company had been closed down. After some discussions, the workers were asked to sign declarations of confidence in the management as a precondition for re-engagement. They did so but were rather issued with letters of rejection.

Required:
i) Identify THREE (3) grounds on which termination of employment will be considered unfair under the Labour Act, 1963 (Act 651).
(6 marks)

ii) Explain TWO (2) remedies available to a worker who was issued with a letter of rejection and is alleging unfair termination.
(4 marks)

i) Grounds for Unfair Termination under the Labour Act:
A worker’s employment is terminated unfairly if the only reason for the termination is:

  • That the worker has joined, 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.
  • That the worker seeks office as, or is acting or has acted in the capacity of, a workers’ representative.
  • That the worker has filed a complaint or participated in proceedings against the employer involving an alleged violation of this Act or any other enactment.
  • The worker’s gender, race, color, ethnicity, origin, religion, creed, social, political, or economic status.
  • In the case of a woman worker, due to the pregnancy of the worker or the absence of the worker from work during maternity leave.
  • In the case of a worker with a disability, due to the worker’s disability.
  • That the worker is temporarily ill or injured, and this is certified by a recognized medical practitioner.
  • That the worker does not possess the current level of qualification required in relation to the work for which the worker was employed, which is different from the level of qualification required at the commencement of his or her employment.
  • That the worker refused or indicated an intention to refuse to do any work normally done by a worker who at the time was taking part in a lawful strike unless the work is necessary to prevent actual danger to life, personal safety, or health, or the maintenance of plant and equipment.

(Any 3 points @ 2 marks each = 6 marks)

ii) Remedies Available to a Worker Alleging Unfair Termination:
A worker who claims that the employment of the worker has been unfairly terminated by the worker’s employer may present a complaint to the Commission.

If upon investigation of the complaint, the Commission finds that the termination of employment is unfair, it may:

  • Order the employer to re-instate the worker from the date of the termination of employment.
  • Order the employer to re-employ the worker, either in the work for which the worker was employed before the termination or in other reasonably suitable work on the same terms and conditions enjoyed by the worker before the termination.
  • Order the employer to pay compensation to the worker.

(Any 2 points @ 2 marks each = 4 marks)

Take control of your business data with insight and in-depth understanding by taking this course. 

Services

Contact Info

  • +233203701923
    +233543919232
  • info@noohrabusiness.com

Get In Touch

Follow us on our social media and get daily updates.

Facebook-f Twitter Linkedin-in Envelope