Section 91, The Employment Act, 2023

(1) An employer shall not summarily dismiss a workereither on fixed or open terms of employment unless it is proven that the worker has been guilty of gross breach of duty, gross misconduct or gross insubordination and where this has not been proven, the dismissed worker shall be entitled to claim full remuneration. (2) A summarily dismissed worker shall not be entitled to end of service benefit. (3) The following conduct shall be deemed to be gross misconducts and may discharge the employer from payment of end of service benefit under this Act- (a) theft or wilful damage to the property of the employer; (b) wilfully endangering the health and safety of the employer, a fellow worker or a member of the public; (c) commission of a criminal offence against his employer or his employer’s property; (d) being under the influence of alcohol or narcotics substance and visibly intoxicated exhibiting unusual behaviour provided that this is substantiated with evidence to the effect. (4) Notwithstanding subsection (2), such matters shall not preclude a worker from disputing whether the facts giving rise to the same, or whether any other conditions constitute justifiable or lawful grounds for the dismissal. PART IX – UNFAIR DISMISSAL