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In forceAmended2020 Revised Edition

Part 2 · Contracts of Service

14. Dismissal

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In plain English

After an inquiry, an employer may dismiss an employee for misconduct without notice. Instead, it may down-grade the employee or suspend them without pay for up to one week. An employee who thinks the dismissal lacked just cause may claim reinstatement or compensation. To claim, a manager or executive dismissed with notice must have served at least 6 months.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2018. 2 amendments in all.

(1)

An employer may after due inquiry dismiss without notice an employee employed by the employer on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of the employee’s service, except that instead of dismissing an employee an employer may —

(a)

instantly down-grade the employee; or

(b)

instantly suspend the employee from work without payment of salary for a period not exceeding one week.

(2)

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

(a)

reinstatement in the employee’s former employment;

(b)

compensation.

(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 6 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.

(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 —

(a)

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

(i)

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

(ii)

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

(b)

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

(4)

[Deleted by Act 55 of 2018]

(5)

[Deleted by Act 55 of 2018]

(6)

[Deleted by Act 55 of 2018]

(7)

[Deleted by Act 55 of 2018]

(7A)

[Deleted by Act 55 of 2018]

(8)

For the purposes of an inquiry under subsection (1), the employer —

(a)

may suspend the employee from work for —

(i)

a period not exceeding one week; or

(ii)

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.

(9)

If the inquiry does not disclose any misconduct on the employee’s part, the employer must immediately restore to the employee the full amount of the salary so withheld.

Report

Part 3

Payment of Salary

Part 4

Rest Days, Hours of Work and Other Conditions of Service

Part 5

Truck System

Part 6

Contractors and Contracting

Part 6A

Part-Time Employees

Part 7

Domestic Workers

Part 8

Employment of Children and Young Persons

Part 9

Maternity Protection and Benefits and Childcare Leave for Parent

Part 10

Holiday, Annual Leave and Sick Leave Entitlements

Part 11

Part 12

Registers, Returns and Other Documentary Requirements

Part 13

Inspection and Enquiry

Part 14

General

Part 15

Claims, Complaints and Investigations Into Offences

Part 15A

Administrative Penalties

Part 16

Procedure and Regulations

Schedules