- 4 Marks
Question
Kukute employed Uthdom to oversee the Customer Relations Department of his business. He also employed Dunga as the Head of Haulage Division of the business. Last week, Police officers from the Divisional Headquarters arrested Dunga because a pistol was found in the luggage of a passenger on Kukute’s truck that Dunga was driving. Dunga claims that he gave the person a ride because he is his neighbour. The Police have arrested Dunga and impounded Kukute’s truck. A customer of Kukute also wrote a petition to him, alleging that Uthdom takes gratification from customers.
Required:
Explain briefly the remedies that Kukute has against Dunga and Uthdom respectively under employment law.
Answer
- Remedies against Dunga: Kukute can terminate Dunga’s employment for gross misconduct, as carrying a passenger with a pistol while driving the company’s truck constitutes a serious breach of trust and can expose the business to legal liabilities and reputational damage. He may also face disciplinary action, and if found guilty, Kukute could pursue legal action for damages caused by his actions.
- Remedies against Uthdom: If the allegations of taking gratification from customers are proven true, Uthdom’s actions would constitute corruption and a serious breach of his fiduciary duty to the company. Kukute could terminate his employment for misconduct. Additionally, legal action could be taken to recover any financial loss incurred due to Uthdom’s corrupt practices and to prevent similar future misconduct.
- Tags: Employee Misconduct, Employer Rights, Employment Law, Remedies
- Level: Level 1
- Topic: Employment law
- Series: MAY 2017
- Uploader: Kwame Aikins