Section 83, The Employment Act, 2023

(1) An employer shall be entitled to impose a disciplinarypenalty only when it is reasonable to do so in the particular circumstances. Employer may offer better conditions of service. Redundancy. Disciplinary penalties. 52 53 (2) The question of what disciplinary penalty is reasonable shall be decided by considering - (a) nature of the neglect; (b) failure or alleged failure on the part of a worker; (c) the penalty imposed by the employer; (d) the procedure followed by the employer in imposing the penalty; (e) the actual amount of any damage incurred; (f) the previous conduct of the worker; (g) the personal circumstances of the worker; (h) the circumstances of the infringement; (i) the contents of the Code of Practice on Discipline as set out in the Schedule. (3) An employer shall apply the reason for disciplinary action or termination consistently with the way in which it has been applied to other workers in the past, and consistently as between 2 or more workers who participate in the misconduct under consideration. (4) For purposes connected with a worker’s employment, an infringement of disciplinary rules should be disregarded after the expiry of one year in which the worker has not committed any further disciplinary breach. (5) A complaint that a disciplinary penalty is unreasonable or unjustified may be presented to the Commissioner. (6) Where the Commissioner finds that the complaint is well founded, he may make any of the following orders- (a) that the original penalty be revoked; (b) that the original penalty be revoked and replaced by another specified lesser penalty; (c) that the employer pay to the worker the wages which would otherwise have been due for the period of suspension without pay; or (d) that the employer repays to the worker any time or monetary penalty imposed on the (7) Subject to paragraph (a) of subsection (6) where a penalty has been revoked, no reference to it shall appear in the worker’s personal record and where the penalty has been reduced, only the lesser penalty shall be noted in the worker’s record. (8) The right of a worker to make a complaint under this section shall be without prejudice to any right that worker may enjoy under a collective agreement. (9) Subject to subsection (6) the Commissioner shall refer the matter to the High Court if the employer fails to comply.