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Employers warned against unfair dismissal


Aug 09, 2015 01:21:11 PM

Employers warned against unfair dismissal The Ministry of Employment, Productivity and Industrial Relations is urging employers to adhere to disciplinary procedures of dismissal stipulated under the Employment Relations Promulgation (ERP) 2007, before considering dismissal of any worker.

The call comes after a high number of dismissal cases, classified as unfair, during the first half of the year were registered by the Ministry.

Minister for Employment, Jioji Konrote said termination of employment contracts without justified reasons and written advice to a worker is unlawful.

“Dismissal must be pursued within the ambit of the labour laws.  Under Section 114 of the ERP 2007, an employer is required to provide a worker, a written statement advising the reasons for dismissal.  This includes provisions of Summary Dismissal under Section 33 of the ERP 2007,” the Minister said.    

He said dismissal should be the very last resort taken by an employer and has urged employers to first utilize their internal disciplinary procedures and provide effective counselling for performance improvements. 

Minister Konrote also urges employers to engage workers in good-faith employment relations to reduce worker grievances and boost workplace productivity.

Similarly, workers are encouraged to perform their duties with utmost diligence and integrity to develop and maintain a healthy working environment. 

Workers who believe the internal grievance procedure has been exhausted and they are unfairly dismissed, discriminated, sexually harassed, disadvantaged, or are being forced to join or not to join a trade union can lodge their employment grievance at any of the Ministry’s district offices in Sigatoka, Nadi, Lautoka, Ba, Labasa, Savusavu and Suva. 

For better understanding of the labour laws the Ministry is also offering employers and workers training on the relevant laws and employers are encouraged to take advantage of this opportunity to reduce workplace grievances and increase productivity and profit.

By Reginald Chandar

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