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For which reasons can an employer summarily dismiss his employees?
Under which conditions can an employer summarily dismiss his employees?
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Comments:
Winfred muia
said:
Section 44(4) of the Employment Act empowers an employer to summarily dismiss his employees for certain reasons. The said reasons are deemed to amount to gross misconduct and are as follows:
1. An employee absents himself from his work, without leave or other lawful cause.
2. During working hours, by becoming or being intoxicated, an employee renders himself unwilling or incapable to perform his work properly.
3. An employee willfully neglects to perform any work which it was his duty to perform, or if he carelessly and improperly performs any work which from its nature it was his duty, under his contract, to have performed carefully and properly.
4. An employee uses 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.
5. An employee refuses, to obey a lawful and proper command which is within the scope of his duty to obey, issued by his employer or a person placed in authority over him by his employer.
6. In the lawful exercise of any power of arrest given under any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen days either released on bail or otherwise lawfully set at liberty or
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.
However, the employer is required to notify and give a hearing to an employee before terminating his employment on grounds of misconduct as provided for under section 41 of the Employment Act.
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