Clause 2

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 —

instantly down-grade the employee; or

instantly suspend him from work without payment of salary for a period not exceeding one week.(2) Notwithstanding the provisions of subsection (1) of this section, where an employee considers that he has been dismissed without just cause or excuse by his employer, he may, within one month of such 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) of this section, 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, —

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

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 Minister’s direction.(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) of this section 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) of this section shall be guilty of an offence and shall be liable on conviction by a District Court to imprisonment for a term not exceeding twelve months or to a fine not exceeding five thousand dollars or to both such imprisonment and fine.(8) For the purpose of an inquiry under subsection (1) of this section, 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:Provided that if the inquiry does not disclose any misconduct on the part of the employee the employer shall forthwith restore to the employee the full amount of salary so withheld.”.