Clause 3

by deleting subsection (2) and substituting the following subsection:“(2) Despite subsection (1), but subject to section 3 of the Employment Claims Act 2016 (Act 21 of 2016), where a relevant employee considers that he has been dismissed without just cause or excuse by his employer, the employee may lodge a claim, under section 13 of that Act, for one of the following remedies:

reinstatement in his former employment;

compensation.”;

by deleting the words “12 months” in subsection (2A)(a) and substituting the words “6 months”;

by deleting subsections (3) to (7A) and substituting the following subsection:“(3) If a Tribunal hearing the claim is satisfied that the employee has been dismissed without just cause or excuse, the Tribunal may, despite any rule of law or agreement to the contrary —

in a claim for reinstatement of the employee in his former employment, direct the employer —

to reinstate the employee in the employee’s former employment; and

to pay the employee an amount equivalent to the wages that the employee would have earned, if the employee had not been dismissed; or

in a claim for compensation, direct the employer to pay, as compensation to the employee, an amount of wages determined by the Tribunal.”; and

by deleting subsection (8) and substituting the following subsection:“(8) For the purposes of an inquiry under subsection (1), the employer —

may suspend the employee from work for —

a period not exceeding one week; or

such longer period as the Commissioner may determine on an application by the employer; but(b)must pay the employee at least half the employee’s salary during the period the employee is suspended from work.”.