Dismissal

All about Dismissal, Dismissal and Work, Dismissal and Employees and Employers, What If I am Dismissed, Who Can Be Dismissed and more on Mywage Uganda.

What is dismissal from employment?

It means the discharge of an employee from employment  at  the  initiative  of  his  or  her employer  when  the  said  employee has committed verifiable misconduct.

What should be done by the employer before dismissing an employee?

An employer is required to explain to  the  employee  in  a  language  the  employee  may be reasonably expected to understand, the reason for which the employer is considering dismissal and the employee is entitled to have another person of his or her choice present during this explanation.

An employer shall, before reaching any decision to dismiss an employee, hear and consider any representations which the employee has made. The employee should be given reasonable time within which to prepare the representations.

What happens if an employee feels that he or she has been dismissed unfairly by the employer?

The employee should make a formal complaint to the labour officer within three months after the date of dismissal. Otherwise if three months passes without the formal complaint being lodged with the labour officer, it will be considered that the employee was convinced that the dismissal was justifiable.

What is summary dismissal?

This is the dismissal of an employee on the spot and without notice. For instance, dismissal of an employee caught stealing.

Can an employee be summarily dismissed?

Yes. An employer is entitled to dismiss summarily, and the dismissal is justified, where the employee has, by his or her conduct indicated that he or she has fundamentally broken his or her obligations arising under the contract of service.

What if an employee feels that the summary dismissal is unjustified?

An employee who has been summarily dismissed without justification may within six months after the date of dismissal present a complaint to a labour officer who shall seek to settle the matter in the first instance by mediation.

What more should an employee who feels that his or her termination was unjustified know?

The right of the employee to present a complaint to the labour officer is in addition to his or her right of complaint of unfair dismissal and any other infringement of his or her statutory rights. It is also in addition to any right an employee may enjoy under an agreement between the employer or group of employers and a labour union. For any complaint of unfair dismissal,  the burden of proving that a dismissal has occurred rests on the employee, and the burden of justifying the grounds for the dismissal rests on the employer.

It means the discharge of an employee from employment  at  the  initiative  of  his  or  her employer  when  the  said  employee has committed verifiable misconduct.

What should be done by the employer before dismissing an employee?

An employer is required to explain to  the  employee  in  a  language  the  employee  may be reasonably expected to understand, the reason for which the employer is considering dismissal and the employee is entitled to have another person of his or her choice present during this explanation.

An employer shall, before reaching any decision to dismiss an employee, hear and consider any representations which the employee has made. The employee should be given reasonable time within which to prepare the representations.

What happens if an employee feels that he or she has been dismissed unfairly by the employer?

The employee should make a formal complaint to the labour officer within three months after the date of dismissal. Otherwise if three months passes without the formal complaint being lodged with the labour officer, it will be considered that the employee was convinced that the dismissal was justifiable.

What is summary dismissal?

This is the dismissal of an employee on the spot and without notice. For instance, dismissal of an employee caught stealing.

Can an employee be summarily dismissed?

Yes. An employer is entitled to dismiss summarily, and the dismissal is justified, where the employee has, by his or her conduct indicated that he or she has fundamentally broken his or her obligations arising under the contract of service.

What if an employee feels that the summary dismissal is unjustified?

An employee who has been summarily dismissed without justification may within six months after the date of dismissal present a complaint to a labour officer who shall seek to settle the matter in the first instance by mediation.

What more should an employee who feels that his or her termination was unjustified know?

The right of the employee to present a complaint to the labour officer is in addition to his or her right of complaint of unfair dismissal and any other infringement of his or her statutory rights. It is also in addition to any right an employee may enjoy under an agreement between the employer or group of employers and a labour union. For any complaint of unfair dismissal,  the burden of proving that a dismissal has occurred rests on the employee, and the burden of justifying the grounds for the dismissal rests on the employer.

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