Labour/employment Law

Labour/ Employment Law

The Labour/Employment Division of our law firm represents both employers and workers in all aspects of employment, labour, employee benefits, redundancy, dismissal/termination and injury at work cases. This means that whether it is an employer or a worker who needs our services, we are able to help.  We listen to our clients and we speak the language of our clients. Knowing that we represent clients from different educational and intellectual backgrounds, we communicate in plain, simple English (and local languages).

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When acting on retainer for companies, our lawyers liaise with the clients’ management to come out with better strategies to deal with employment issues such as unionization of workers, negotiation and preparation of Collective Bargaining Agreements, employee benefits, complaint-handling procedures, etc.

Our firm’s range of employment litigation practice includes the following:

  • Litigating employment-related disputes in court
  • Handling wrongful dismissal cases before the National Labour Commission
  • Negotiating collective bargaining agreements
  • Arbitrating contractual disputes
  • Providing employee benefits advice

Our lawyers have particular experience dealing with the following:

  • Employment discrimination
  • Wrongful dismissal
  • Breach of contract
  • Sexual harassment
  • Covenants not to compete
  • Employee benefits (SSNIT, Tier 1 and Tier contributions, Provident Fund)
  • Employee rights under the Labour Act
  • Challenging and defending arbitration awards
  • Vicarious liability cases
  • Redundancy

Frequently Asked Questions (FAQ's)

It is necessary to have a written and signed contract of employment. This is especially crucial in a case where the contract will be for more than six months. The contract should state the terms, the rights and responsibilities of the employer and employee.

Your employer may be able to end your employment if, as a worker, you are found on medical examination to be unfit for employment or unable to carry out your duties due to sickness or accident, incompetence or proven misconduct.

Yes.

Yes, you can do so. And you may be able to receive damages if you sue in court.

No. It is discriminatory and unlawful for any person to refuse to hire you based on your gender, race, colour, ethnicity, origin, religion, etc.

No. Your employer cannot prevent you from joining a trade union or forming one with other employees.

Yes. It is your duty as an employer to see to it that there is an adequate complaint procedure for handling such matters and clear sanctions provided to deal with erring staff.

Yes. It is the duty of your employer to make sure that the work place is safe for workers to work in without any risk of personal injury or damage to health.

If you intend to leave your employer for whatever reason, the employer has to pay you any remuneration you earned or any deferred pay due you before the termination.

No. Only workers who worked for a continuous period of 12 months are entitled to annual leave.

No, every worker has a right to rest and leisure during the work period.

The regular number of hours you can work is 8 hours per day or 40 hours per week. But you can agree with your employer for adjustments such as overtime, piece work, etc.

Yes. An employer who employs a person with disability has to notify the nearest Employment Centre.

The employment will not end just because of a disability. You can move the worker to another department to do the same or similar job in the company. If no such other job is found in the company, then the employment can be terminated with notice and his remuneration and benefits paid.

Yes. A woman on maternity leave is entitled to receive any benefits and salary due her.

No. An employer cannot dismiss a woman from her work only because she went on maternity leave.

Yes, you can.

Use the complaint procedure in your company to bring the issue to the attention of management. If the bad treatment persists, you can leave the job and sue for damages.

You can file a complaint at National Labour Commission. The Commission can order your employer to re-instate you or compensate you. You can also choose to sue in court for damages.  

No, that is wrong. Before an employer can declare employees redundant, she must give notice to inform them about it.

Yes. Where the legal relationship between you and your employer no longer exists due to changes to the business or it closes down and you are unemployed as a result, you are entitled to redundancy pay.

Yes. The employer has the discretion of making certain numbers and categories of workers redundant. So he/she can make you redundant for reasons other than pregnancy but not solely because you are pregnant.