Section 63: Employee Complaint Against Unfair Discipline at Work
63.Complaint by employee
(1)Where an employee believes that an employer was not justified in imposing a disciplinary penalty on him or her, or in imposing a suspension with half pay, the employee may, within a period of four weeks after the imposition of the penalty or suspension, make a written or oral complaint to |i labour officer.
(2)Where a complaint under this section has been made to a labour officer, the officer shall—
(a)investigate the circumstances leading to the imposition of the disciplinary penalty, and in the course of these investigations he or she shall consult any labour union, if any, established in the business in which the employee is employed; and
(b)seek to settle the matter in the first instance by mediation.
(3)Where a complaint under this section has been made, a labour officer shall, except where the employer has withdrawn the disciplinary penalty imposed or has paid the employee for the period of the suspension, decide whether it was reasonable for the employer to impose the disciplinary penalty or the suspension with half pay.
(4)The labour officer shall communicate his or her decision under subsection (3), including the reasons for that decision in writing to the employer and to the employee.
(5)Where a labour officer decides that the imposition of a disciplinary penalty or the suspension with half pay was unreasonable, the labour officer may make an order—
(a)that the original penalty be revoked;
(b)that the original penalty be revoked and be replaced by another specified lesser penalty; or
(c)that the employer pay to the employee the wages which would otherwise have been due for the period of suspension with half pay.
(6)Where in an order by the labour officer under subsection (5), the penalty has been revoked, no reference to the penalty shall appear in the employee's personal record but where the penalty has been reduced, only the lesser penalty shall be noted in the record.
(7)The Minister may, by regulations, provide that this section shall apply only to disciplinary fines in excess of a specified sum, and to periods of suspension in excess of a specified duration.
(8)The right of an employee to make a complaint under this section shall be without prejudice to any right an employee may enjoy under an agreement between an employer or group of employers and any labour union.
Plain English Summary
If you believe your employer was unjustified in disciplining you or suspending you with half pay, you have the right to make a complaint to a labour o...
AI-generated, for reference only.
Searching within Employment Act only. Faster results.