What constitutes summary dismissal under the Employment Act?

Summary dismissal occurs when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term.<br />An employer may dismiss an employee summarily when the employee fundamentally breaches his obligations arising under the contract of service.<br />The following may amount to gross misconduct to justify summary dismissal of an employee by an employer, as specified in Section 44 of the Employment Act<br />1. Absence from place of work without leave or other lawful cause.<br />2. Being intoxicated during working hours.<br />3. An employee wilfully neglects to perform any work which it was his duty to perform, or if he carelessly and improperly performs any<br />work which from its nature it was his duty, under his contract, to have performed carefully and properly.<br />4. Employee using abusive or insulting language, or behaves in a manner insulting, to his employer or to a person placed in authority over him by his employer;<br />5. Knowingly failing or refusing to obey a lawful and proper command which it was within the scope of his duty to obey, issued by his employer or a person placed in authority over him by his employer.<br />6. An employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen days either released on bail or on bond or otherwise lawfully set at liberty.<br />7. An employee commits, or on reasonable and sufficient grounds is suspected of having committed, a criminal offence against or to the substantial detriment of his employer or his employer’s property.