“CAN I DISMISS???!!!” WHEN YOUR EMPLOYEE COMMITS A CRIMINAL OFFENCE UNRELATED TO HIS CONTRACT OF SERVICE AND OUTSIDE WORKING HOURS
Introduction. According to the Employment Act, 2006, an employer can discharge an employee from employment at his or her initiative where the employee commits verifiable misconduct. Section 68 of the same Act necessitates the employer to prove the reasons for dismissal in an instance where there is a claim against him or her arising out of termination, and that the reasons for dismissal shall be matters which the employer, at the time of dismissal, genuinely believed to exist and which caused him or her to dismiss the employee. The implication of this section is that an employer cannot dismiss an employee basing on matters he is not sure were true or existed by the time of dismissal, otherwise, it would be an unfair dismissal, liable to be challenged in Court. Section 66 of the Employment Act provides that before an employer reaches a decision to dismiss an employee on the grounds of misconduct, he shall accord the employee a fair hearing. The section envisions a sort of discipli...