Protection of Employers Rights, Legalities and Implications

It is crucial for any Employer or Managers to have the basic understanding of Employment Law when recruiting or terminating any employees.

There are many occasions where the management is unaware of the legal aspect covered under the employment law and therefore lead to heavy penalty and compensation.

By having the understanding of Employer Rights will allow the Employer to avoid unnecessary and costly appearance in court.

1. Make employers aware of their inherent rights as provided under the:
   • Common Law
   • Labour Laws
   • Industrial Laws
   • Court Precedents and Awards
2. Be also aware of the rights of employees so as not to commit acts of unfair labour practices.
3. Be able to act with conviction and confidence when unduly threatened by employees or trade unions.
4. Ensure compliance with labour contracts and act in good faith to create harmonious employer-employee relations.
5. Protection against illegal and unlawful actions by employees.
6. Avoid unnecessary and costly appearances at the Labour Court and Industrial Court over disputes
7. Understand and appreciate the legal remedies available to employers in exercising their rights over employees particularly with regards to discipline and poor performance issues.

EMPLOYER’S RIGHTS BY COMMON LAW

• Common law rights of Master and Servant

EMPLOYER’S RIGHTS BY LABOUR LAWS

• Industrial Relations Act 1967
• Employers Prerogatives(Rights) – Section 13.3
• Dealing with Dismissals – Section 20
• Understanding the role and functions of the Industrial Relations Department and Industrial Court ( Arbitration )
• Employment Act 1955
• Employment Contracts and the statutory requirements
• Claims for monies due to Employers
• Recovery of over payments made to employees
• Rights with regards to change of ownership/poor business.

EMPLOYER’S RIGHTS BY INDUSTRIAL LAW WITH REGARDS TO:

• Probationers
• Absentees
• Habitual late comers
• Medical leave delinquents
• Poor performance and inefficiency
• Major misconducts and punishments

EMPLOYERS RIGHTS BY INDUSTRIAL LAW WITH REGARDS TO TERMINATION OF CONTRACTS

• Frustration of Contracts
• Medical Board Out
• Expiry of Fixed Term Contracts
• Retirement

EMPLOYERS RIGHTS BY INDUSTRIAL LAW WITH REGARDS TO:

• Downsizing
• Reduction of benefits and increments
• Pay and salary cuts
• Training and transfers

EMPLOYMENT OF FOREIGN EMPLOYEES

• The Employer’s Responsibility
• Foreign Domestic Servants.