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Formal Consolidation |  2009 RevEd
Misconduct of employee
14.—(1)  An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
(a)instantly down-grade the employee; or
(b)instantly suspend him from work without payment of salary for a period not exceeding one week.
(2)  Notwithstanding subsection (1), where an employee considers that he has been dismissed without just cause or excuse by his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
(3)  The Minister may, before making a decision on any such representations, by writing under his hand request the Commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
(4)  If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
(a)direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned had he not been dismissed by the employer; or
(b)direct the employer to pay such amount of wages as compensation as may be determined by the Minister,
and the employer shall comply with the direction of the Minister.
(5)  The decision of the Minister on any representation made under this section shall be final and conclusive and shall not be challenged in any court.
(6)  Any direction of the Minister under subsection (4) shall operate as a bar to any action for damages by the employee in any court in respect of the wrongful dismissal.
(7)  An employer who fails to comply with the direction of the Minister under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[32/2008]
(7A)  Where any amount to be paid by an employer under subsection (4) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (7), the amount or so much thereof as remains unpaid shall be recoverable by the court as if it were a fine and the amount so recoverable shall be paid to the employee entitled to payment under the direction of the Minister.
[36/95]
(8)  For the purpose of an inquiry under subsection (1), the employer may suspend the employee from work for a period not exceeding one week but shall pay him not less than half his salary for such period.
(9)  If the inquiry does not disclose any misconduct on the part of the employee, the employer shall immediately restore to the employee the full amount of the salary so withheld.
Informal Consolidation | Amended Act 26 of 2013
Dismissal
14.—(1)  An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service except that instead of dismissing an employee an employer may —
(a)instantly down-grade the employee; or
(b)instantly suspend him from work without payment of salary for a period not exceeding one week.
(2)  Notwithstanding subsection (1), where a relevant employee considers that he has been dismissed without just cause or excuse by his employer, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
[Act 26 of 2013 wef 01/04/2014]
(2A)  For the purposes of subsection (2), a relevant employee means —
(a)an employee employed in a managerial or an executive position —
(i)who is dismissed with notice; or
(ii)who is dismissed without notice but receives payment of any salary in lieu of notice,
after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position);
(b)an employee employed in a managerial or an executive position who is dismissed without notice and without salary in lieu of such notice; or
(c)an employee not employed in a managerial or an executive position.
[Act 26 of 2013 wef 01/04/2014]
(3)  The Minister may, before making a decision on any such representations, by writing under his hand request the Commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
(4)  If, after considering the report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary —
(a)direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned had he not been dismissed by the employer; or
(b)direct the employer to pay such amount of wages as compensation as may be determined by the Minister,
and the employer shall comply with the direction of the Minister.
(5)  The decision of the Minister on any representation made under this section shall be final and conclusive and shall not be challenged in any court.
(6)  Any direction of the Minister under subsection (4) shall operate as a bar to any action for damages by the employee in any court in respect of the wrongful dismissal.
(7)  An employer who fails to comply with the direction of the Minister under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[32/2008]
(7A)  Where any amount to be paid by an employer under subsection (4) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (7), the amount or so much thereof as remains unpaid shall be recoverable by the court as if it were a fine and the amount so recoverable shall be paid to the employee entitled to payment under the direction of the Minister.
[36/95]
(8)  For the purpose of an inquiry under subsection (1), the employer may suspend the employee from work for a period not exceeding one week but shall pay him not less than half his salary for such period.
(9)  If the inquiry does not disclose any misconduct on the part of the employee, the employer shall immediately restore to the employee the full amount of the salary so withheld.
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Last updated 5 Jul 2024
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