Tag (SQ): Agency

James Quayle, the Deputy Sales and Marketing Manager of SkyPure Ltd, admitted at the Disciplinary Committee hearing that he sold the company products above the approved price and pocketed the difference. He pleaded that Management should temper justice with mercy. His plea was not taken, and he has accordingly been dismissed in line with the Company’s Conditions of Service. Five (5) months later, a member of the senior staff association has advised James Quayle to file a suit for unfair termination as the termination letter was not signed by the Managing Director but the Head of Department as required by the Conditions of Service.

Management is adamant but has approached you for an opinion. You are to advise management in the context of the Labour Act, 2003 (Act 651) and to draw management’s attention to the consequences of unfair termination.