Subject Matter Index

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Circumstances when an employee may be summarily dismissed

Condition to be satisfied for a proper exercise of the power of dismissal by the President or Governor pursuant to the Public Officers (Special Provisions) Act

Considerations in determining the question of dismissal

Constructive Dismissal

6 subsidiary principles

Distinction between actual and constructive dismissal

Duty of the plaintiff to prove that by his terms of employment or by the terms of existing statutory provision, his dismissal by the defendant company was wrongful

Effect of a dismissal from a statutory corporation for reason unrelated to the capacity or conduct of the worker or not based on the operational requirements of the undertaking

Grounds for the dismissal of an employee

Instances where an employee may be rightly dismissed

Meaning of dismissal

Need for the right of fair hearing to be observed before dismissing an employee

On whom lies the burden of proving unlawful dismissal

Position of the law on disciplinary measures that may be taken against an employee who committed acts of misconduct

Position of the law on the nature of a misconduct that would justify a dismissal

Principles governing dismissal at common law

Procedure to be followed before a public officer can be dismissed from office

Remedy available to an employee whose dismissal from a statutory corporation is a nullity

The difference between a dismissal that was declared wrongful and one that was declared void

The difference between wrongful dismissal and a dismissal that is void

The position of the law on the fair hearing requirement before dismissing an employee

The principle that a dismissal of an employee presupposes the existence of an employment between an employer and the employee

The principle that once there are facts on the record justifying a party's dismissal for misconduct, the fact that the findings were made by a committee that was acting, allegedly, ultra vires, is irrelevant.

The rule that the onus is on the servant to prove that his master has waived his right to dismiss him

The test of whether a dismissal is unlawful

What a dismissal connotes

What a plaintiff alleging wrongful or constructive dismissal must prove

What constitutes a reply to a notice of intention to dismiss under Article 17 within the terms of the CBA

What determines the wrongfulness or otherwise of an employee's dismissal in an ordinary contract of service

When a civil servant can be dismissed from his employment

When a dismissal will be held to be null and void

When an employer will be said to have waived his right to dismiss an employee

Whether a dismissal can take a retrospective effect under the Public Officers (Special Provisions) Decree No. 17 of 1984

Whether a public officer's acceptance of his dismissal done contrary to the provisions of the Constitution constitutes a waiver of his constitutional protection

Whether a public servant can be dismissed without just cause

Whether a servant is under a duty to inform his master of the misconduct of his fellow servants

Whether a servant who has been unlawfully dismissed can claim his wages for services he never rendered

Whether an employee can be automatically dismissed without the will of the disciplinary auhtority

Whether an employee can be dismissed for misconduct without having the opportunity to be heard on the allegation

Whether an employee can be dismissed on the ground of gross insubordination without the setting up of a committee

Whether an employee can be dismissed on the ground of incompetence

Whether an employee can be dismissed without a hearing or reason

Whether an employee can be rightly dismissed where allegations against him were not proved

Whether an employee must be given the opportunity to cross-examine his witnesses

Whether an employer can dismiss an employee for a misconduct where he is aware of the misconduct but continues the employment

Whether an employer is bound to comply with the rules of natural justice before dismissing an employee

Whether an employer is justified in dismissing an employee where he finds it unsafe to keep him in his employment

Whether an employer is obliged to give reasons for the dismissal of an employee

Whether an employer is required to justify the dismissal where reasons were given

Whether an employer must allege any specific act of misconduct when dismissing an employee

Whether an officer sentenced to life imprisonment and dismissed from the services of the Armed Forces can claim his entitlements

Whether an organ of a statutory corporation can dismiss an employee without reason

Whether criminal allegations against an employee must be proved beyond reasonable doubt before he can be dismissed

Whether dismissal is a remedy under the Labour Act, 2003 (Act 651)

Whether failure to comply with the civil service rules before dismissing a civil servant renders the dismissal wrongful

Whether it must be stated that an act of dismissal or retirement was done pursuant to the Public Officers (Special Provisions) Decree 1984

Whether malice would be considered in determining whether a dismissal is unlawful

Whether re-organisation can afford a ground for dismissal

Whether the dismissal of an employee must depend on the conviction of the employee by a court of law for a crime

Whether the fact of the breach of natural justice in the dismissal of an employee entitles the employee to succeed in his case

Whether the guilt of an employee must be established before he is dismissed

Whether the management of a company can dismiss an employee contrary to the recommendations of the disciplinary committee

Whether the right to dismiss is affected by a failure to exercise the right immediately or failure to punish other offenders

Whether there is a distinction between the consequences of a wrongful dismissal of a servant by a private employer and by a statutory corporation

Whether, where an employee's misconduct amounts to a crime, he cannot be dismissed unless he is first tried and convicted

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