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𝟱 𝗠𝗔𝗧𝗧𝗘𝗥𝗦 𝗔𝗡 𝗘𝗠𝗣𝗟𝗢𝗬𝗘𝗥 𝗖𝗢𝗡𝗦𝗜𝗗𝗘𝗥𝗦 𝗣𝗥𝗜𝗢𝗥 𝗧𝗢 𝗧𝗘𝗥𝗠𝗜𝗡𝗔𝗧𝗜𝗡𝗚 𝗘𝗠𝗣𝗟𝗢𝗬𝗠𝗘𝗡𝗧 𝗙𝗢𝗥 𝗖𝗢𝗠𝗠𝗜𝗦𝗦𝗜𝗢𝗡 𝗢𝗙 𝗔𝗡 𝗢𝗙𝗙𝗘𝗡𝗖𝗘 𝗕𝗬 𝗔𝗡 𝗘𝗠𝗣𝗟𝗢𝗬𝗘𝗘 𝗢𝗨𝗧𝗦𝗜𝗗𝗘 𝗪𝗢𝗥𝗞 Section 44(4) of the Employment Act envisages two categories of offences by an employee that amount to gross misconduct thus justifying summary dismissal of the employee. These are offences committed by the employee against the employer and crimes committed by the employee against third parties outside employment. Below are matters that guide an employer in determining whether an offence committed by an employee outside his workplace interferes with the employee's work and could constitute a ground for summary dismissal of the employee: 𝟭. An employee is under no legal obligation to disclose that they are being prosecuted for a criminal offence unless the employee is specifically required by his contract to disclose such matters. Failure to make such disclosure is therefore not an automatic ground for summary dismissal in the absence of a contractual obligation. 𝟮. Being charged with a criminal offence alone is not a ground for dismissal. 𝟯. Consideration must be given to whether the employee is attending trial while out on bail since gross misconduct only arises where the employee is not released within 14 days. 𝟰. An employer needs to allow the criminal case to be heard and determined, to find out whether the accused employee will get a custodial sentence and whether the custodial sentence will be for a period of more than 14 days. 𝟱. Since an offence outside employment affects third parties and not the employer a generally higher standard of proof will be placed on the employer to prove that the offence committed outside the workplace interferes with the employee’s performance of his duties. #legal #employment #work

In todays legal Tip Tuesday, I will share 7 grounds that amounts to gross misconduct that can warrant summary dismissal. 1. Employee absents himself from work without leave or lawful excuse. 2. Employee becoming intoxicated during working hours rendering him incapable to perform his work. 3. Employee willfully neglects to perform his work or performs it carelessly. 4. An employee uses abusive language to his employer or supervisor. 5. An employee knowingly disobeys a proper command from his employer or supervisor. 6. An employee is arrested for a cognizable offence and is not released within 14 days. 7. An employer commits a criminal offence to the detriment of his employer or his employers property. Please note, that this does not preclude either the employer or the employee from disputing the facts giving rise to the above grounds. #legaltiptuesday #kenyanemplpymentlaw #kenyanemploymentlawyer #legaltips

Here’s a closer look at what constitutes unfair dismissal: ✅Lack of Valid Reason: Termination without a valid reason related to the employee’s performance or behavior, or without evidence of misconduct. ✅Procedural Unfairness: The dismissal process was not conducted fairly, such as failing to follow proper procedures, not giving the employee a chance to respond, or not providing adequate notice. ✅Discrimination: Termination based on discriminatory reasons, such as age, race, gender, disability, religion, or any other protected characteristic. ✅Retaliation: Dismissal as a form of retaliation for the employee exercising their legal rights, such as filing a complaint about workplace safety or discrimination, or taking leave they are entitled to. ✅Constructive Dismissal: When an employee is forced to resign due to the employer’s conduct, such as harassment, significant changes to job duties, or a toxic work environment. If you believe you have been unfairly dismissed, you may be entitled to remedies such as reinstatement, compensation, or other corrective actions. At Melinda Griffiths Lawyers, we are committed to protecting your rights and ensuring fair treatment in the workplace. Contact us for expert legal advice and support if you have experienced unfair dismissal. #UnfairDismissal #EmploymentLaw #MelindaGriffithsLawyers #KnowYourRights #LegalSupport #FairWorkplace 📞: 0242 262 640 📧: admin@melindagriffithslawyers.com.au 🌐: https://lnkd.in/ghPanVW5

All employees have a right not to be unfairly dismissed. All dismissals have to be effected for a valid reason and after following fair procedure. The principles of natural justice must always be applied; there must not be any bias, and the employee must be given an opportunity to present their side of the story before a final decision (to dismiss or not to dismiss) is taken. Where a continuation of the employment relationship is genuinely intolerable or the trust relationship has brokendown to a point where it cannot be rehabilitated, dismissal at first offence will be considered the appropreate sanction, in all other circumstances it is advisable to follow the progressive discipline in an attempt to correct behaviour or misconduct.

In our latest blog, we discuss when harassment of an employee may result in aggravated or punitive damages. In particular, we examine the test for when aggravated or punitive damages may arise in wrongful dismissal, including its relationship to the manner of dismissal during a termination. https://ow.ly/EEmK50SfsFE #punitivedamages #torontoemploymentlawyer

Most US employees are employed at will and can be let go for any reason, except an unlawful one. This includes letting go an an employee who spends much of her day whining and complaining about how awful her job is and how she really should just quit and find something better. Just be mindful that those "complaints" aren't legally protected concerns that the company needs to look into or address. If they are, and the employee is let go, she may have the basis for a retaliation claim. These could include complaints about: • harassment • discrimination • wages and hours • safety Your management-side employment lawyer can help you navigate the situation to help protect the business and likely, eventually, get rid of the toxic employee. We're here to help. #business #management #lawyers #generalcounsel #humanresources #employmentlaw #DevLInTheDetails

Sleeping while on duty may be regarded as serious misconduct, especially when the job function requires continuous attention from the employee. However, it does not automatically invite the capital punishment of dismissal. When an employee is relying on the excuse that he/she is on medication that causes drowsiness, the employer ought to ascertain the details of the medication and check with the medical practitioner before making any decision on the next disciplinary process. #industrialcourt #employmentlaw #doitright

In todays legal Tip Tuesday, I will share 7 grounds that amounts to gross misconduct that can warrant summary dismissal. 1. Employee absents himself from work without leave or lawful excuse. 2. Employee becoming intoxicated during working hours rendering him incapable to perform his work. 3. Employee willfully neglects to perform his work or performs it carelessly. 4. An employee uses abusive language to his employer or supervisor. 5. An employee knowingly disobeys a proper command from his employer or supervisor. 6. An employee is arrested for a cognizable offence and is not released within 14 days. 7. An employer commits a criminal offence to the detriment of his employer or his employers property. Please note, that this does not preclude either the employer or the employee from disputing the facts giving rise to the above grounds. #legaltiptuesday #kenyanemplpymentlaw #kenyanemploymentlawyer #legaltips

Adam Lambert of KHQ Lawyers offers essential insights on how employers can avoid wrongful dismissal claims. He emphasises the importance of proper documentation, clear communication, and adherence to workplace policies. https://hubs.la/Q02X2cXx0 #HRInsights #WrongfulDismissal #EmploymentLaw #LegalAdvice