Section 116, The Employment Act, 2023

(1) The following enactments are hereby repealed- (a) Employers and Employed (Amendment) Act Cap. 212 of 1962; (b) The Registration of Employees Act, 1947 Cap. 213; (c) African Labourers short title (Employment at Sea) Act, 1937, Cap. 214; (d) The Recruitment of Workers 1941 Cap. 216; (e) The Employers and Employed Act, 1935, Cap 212; (2) Notwithstanding subsection (1) and save as otherwise stupilated in this Act, any rules, regulations, orders, notices, prescription and other instruments or directives issued under the repealed Acts and in existence immediately before the commencement of this Act, shall continue in operation until their expiration or until their express repeal or revocation or cancellation. (3) Save as otherwise stupilated in this Act, an investigation, prosecution and other legal proceeding instituted or commenced under the repealed Acts and which have not been concluded before the commencement of this Act, shall be continued and concluded in all respects as if that Act had not been repealed. Criminal liability. Repeals. 76 77 Act not specifically designated as offence. Penalties. SCHEDULE (Section 83(2)(i), 87(2) (a)) CODE OF PRACTICE ON DISCIPLINE 1. (1) An organisation, institution or business establishment shall have disciplinary rules, that may vary, in form and content, according to its size and nature. (2) Disciplinary rules should be in writing and be expressed in a manner and in a language which Workers may reasonably be expected to understand. They should be made available to every Worker and should be permanently and prominently displayed where they can be read by all Workers. (3) Disciplinary rules should be non-discriminatory and applied irrespective of race, colour, national extraction or ethnic origin, social origin, religion, creed or political opinion, sex, marital status, family responsibilities, or disability. (4) No disciplinary penalty or termination or dismissal should be imposed on a worker for taking part in the formation of any union or federation, being a member of any union, taking part in their lawful activities, holding office in such union or Federation, taking part in the election, being elected or being a candidate or acting in the capacity of such union or federation, or exercising any right conferred or recognized by this Act, or assisting any worker or representative to exercise such rights. (5) No disciplinary penalty or termination should be imposed on any worker for organising or participating in any strike that is lawful. Where a penalty or termination is imposed in respect of a strike or other industrial action which is unlawful, the employer should act consistently as between two or more Workers who organise or participate in the strike or other industrial action. (6) No disciplinary penalty should be imposed on any worker who refuses to do any work normally done by a worker or workers who are on a lawful strike, unless such work must be done to prevent actual danger to life, health, or personal safety. (7) Where there is a union recognized as bargaining agent, the employer should observe the terms of any collective agreement relating to discipline or termination, or, in the absence of such an agreement, should consult with the Commissioner of Labour and Employment or any authorised labour official before imposing any disciplinary penalty or termination on a worker. (8) Employers should keep records specifying the nature of any disciplinary offences, the actions taken and the reasons for such actions, the lodging of an appeal, and any further developments. (9) Disciplinary rules should clearly indicate- (a) the Workers to whom they apply; (b) the circumstances in which the rules will apply; (c) the content of the rules; (d) the penalties for infringement of the rules, and the consequences of future infringements of the rules. (10) Disciplinary rules should inform workers of their rights when accused of infringements and of the procedures that will be followed in investigating and dealing with complaints. In particular, they should ensure that a worker faced with disciplinary action is- (a) fully aware of any complaints made against him and of the nature and consequences of any proceedings taken against him; Disciplinary rules. 78 79 (b) fully aware of the form which the disciplinary proceedings will take, including the possibility of appeals and the penalties which may be imposed if the allegations are found to be well founded; (c) given a reasonable length of time in which to prepare any representations he may wish to make in answer to the allegations, or in explanation of his behaviour; (d) given a reasonable opportunity to state his case, either personally or through a workers’ Committee representative, an official of the recognised union or a fellow worker. (11) In workplaces where there are a number of levels of supervision and management, disciplinary rules should make clear what level of management is authorised to initiate and implement particular disciplinary action or termination/dismissal. 2. (1) Disciplinary procedures should be implemented without unnecessary delay, as soon as the Employer has decided, after proper investigation, that they are warranted in the circumstances of the case. (2) When a decision to implement a disciplinary procedure is taken, an Employer should, at the first opportunity- (a) inform in writing, the Worker of what is happening, in a form and a language which he can reasonably be expected to understand; (b) remind the worker of his rights to prepare and state his case and appeal against any decision. (3) For a first infringement (for example late arrival for work, unauthorised absence from work or failure to apply himself properly to his duties), a worker against whom it is decided to take disciplinary actions should receive a written warning after a written query. (4) Where a decision to terminate is taken, such termination should generally be with notice or Wages in lieu of notice. Termination without notice should be reserved only for gross misconduct. Disciplinary procedures. 80 81