Angalia mfano huu mwajiri amepewa uwezo wa kumkataa mfanyakazi wake mahakamani hataka mfanyakazi huyu ameshinda kesi.
Natumaini mleta mada alikuwa anarejea kwenye Section 40 ya The Employment and Labour Relations Act, 2004 katika kipengele cha remedies for unfair termination na ninakibandika hapa chini kama ifuatavyo;
40.-(1) If an arbitrator or Labour Court finds a termination is unfair,
the arbitrator or Court may order the employer-
(a) to reinstate the employee from the date the employee was terminated without loss of remuneration during the period that the employee was absent from work due to the unfair termination; or
(b) to re-engage the employee on any terms that the arbitrator or Court may decide; or
(c) to pay compensation to the employee of not less than twelve months' remuneration.
(2) An order for compensation made under this section shall be in addition to, and not a substitute for, any other amount to which the employee may be entitled in terms of any law or agreement.
(3) Where an order of reinstatement or re-engagement is made by an arbitrator or court and the employer decides not to reinstate or reengage the employee, the employer shall pay compensation of twelve months wages in addition to wages due and other benefits from the date of unfair termination to the date of final payment.
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