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WHAT SHOULD I DO IF I HAVE BEEN UNLAWFULLY DISMISSED ?

If you feels that you have been dismissed without just cause or excuse by your employer, firstly you must write in to the Director General Industrial Relations Department at your nearest former place of employment to make a representation within 60 days of your dismissal.

Among others, your letter must have the following information :

• states that the remedy you are seeking is reinstatement
• your name, identity card number and address and telephone contact if any
• name, address and telephone number of your former company
• occupation
• date of appointment
• date of dismissal
• reasons for your dismissal
• whether you are a member of a union or otherwise

You may also attach copies of other supporting documents such as letter of appointment and termination letter.

The Director General Industrial Relations will try to resolve the case through conciliation by inviting both the employer and you for a meeting. You do not have to pay any fees.

The conciliation officer will explain the principles and practices law that are applicable including judgment of the courts, both the Industrial Court and civil courts, so that both parties are aware of their rights and liabilities.

If there is a failure to resolve the case through conciliation, the Director General Industrial Relations will then refer your case to the Minister of Human Resources, who will refer the matter to the Industrial Court for adjudication and for an award if he thinks fit.

Unlawful dismissal case cannot be brought directly to the Industrial Court. This type of case must be referred to the Industrial Court by the Minister of Human Resources.

The Industrial Court upon the matter being referred to by the Minister of Human Resources, then goes to consider whether the your termination of employment is unlawful or whether it is justified.

Where the Industrial Court rules that the termination is unlawful, the Court then makes an "Award" to reinstate you to your former position or in lieu awards proper compensation.

The normal remedies in a cases of dismissal is the reinstatement into your former employment and award of back waged from dismissal date to the final date of hearing subject to maximum period of 24 months.

The Industrial Court may also order compensation in lieu of reinstatement base on the formula on 1 month salary for every year of service.