CAP. 226
[Rev. 2012]
Employment
(g)
an employee’s race, colour, tribe, sex, religion, political opinion or
affiliation, national extraction, nationality, social origin, marital status,
HIV status or disability;
(h)
an employee’s initiation or proposed initiation of a complaint or other
legal proceedings against his employer, except where the complaint
is shown to be irresponsible and without foundation; or
(i)
an employee’s participation in a lawful strike.
47. Complaint of summary dismissal and unfair termination
(1) Where an employee has been summarily dismissed or his employer has
unfairly terminated his employment without justification, the employee may, within
three months of the date of dismissal, present a complaint to a labour officer and
the complaint shall be dealt with as a complaint lodged under section 87.
(2) A labour officer who is presented with a claim under this section shall,
after affording every opportunity to both the employee and the employer to state
their case, recommend to the parties what in his opinion would be the best
means of settling the dispute in accordance with the provisions of section 49.
(3) The right of the employee to present a complaint under this section shall
be in addition to his right to complain to the Industrial Court on the same issue
and to the right to complain of any other infringement of his statutory rights.
(4) The right of an employee to make a complaint under this section shall be
in addition to any right an employee may enjoy under a collective agreement.
(5) For any complaint of unfair termination of employment or wrongful
dismissal the burden of proving that an unfair termination of employment or
wrongful dismissal has occurred shall rest on the employee, while the burden of
justifying the grounds for the termination of employment or wrongful dismissal
shall rest on the employer.
(6) No employee whose services have been terminated or who has been
summarily dismissed during a probationary contract shall make a complaint
under this section.
[Corr. No. 1/2008.]
48. Representation
In any complaint made under section 47, no advocate shall represent a party
in the proceedings before a labour officer, but any party may be assisted or
represented by an official of a trade union or an official of an employers’
organisation notwithstanding the fact that the official is an advocate.
49. Remedies for wrongful dismissal and unfair termination
(1) Where in the opinion of a labour officer summary dismissal or termination
of a contract of an employee is unjustified, the labour officer may recommend to
the employer to pay to the employee any or all of the following—
(a)
[Issue 1]
the wages which the employee would have earned had the
employee been given the period of notice to which he was entitled
under this Act or his contract of service;
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