The purpose of a disciplinary committee is to allow a worker to answer the charge levelled against him for an alleged misconduct or poor performance in accordance with the Workers’ Rights Act 2019.
Misconduct
An employer can terminate a worker’s agreement for reasons relating to the worker’s alleged misconduct provided that:
- the employer has notified the worker of the charge made against him within 10 days of becoming aware of the alleged misconduct;
- the worker has been afforded an opportunity to answer the charge made against him;
- the worker has been given at least 7 days’ notice to answer the charge made against him;
- the employer cannot in good faith take any other course of action;
- the termination is effected not later than 7 days after the worker has answered the charge made against him, or where the charge is the subject of an oral hearing, not later than 7 days after the completion of such hearing.
Poor Performance
An employer can terminate a worker’s agreement for reasons relating to the worker’s poor performance provided that:
- the worker has been afforded an opportunity to answer the charge made against him;
- the worker has been given at least 7 days’ notice to answer the charge made against him;
- the employer cannot in good faith take any other course of action;
- the termination is effected within 7 days of the completion of the hearing.
Severance Allowance
An employer may be liable to pay several allowance to the worker in cases where the worker’s agreement has been terminated and a worker had not been afforded an opportunity to answer the charge made against him.
Severance allowance is not payable to a worker if the worker has been employed for a period of less than one year.
The amount of severance allowance to be paid is as follows:
- 3 months’ remuneration per year of service; and
- Pro rata for any additional period of less than 12 months.
Contact us to set up a disciplinary committee and to assist with conduct of the disciplinary proceedings.