Tag (SQ): Reinstatement
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BCL – L1 – Q44 – Leave and Restrictive Covenant
Advise on employee's breach of contract by working for competitor during leave.
Question
(a) Kofi Mensah, a member of staff in your auditing firm requested for and was granted part of his annual leave by management. Thereafter, he submitted a resignation letter to management. A week into his leave, management recalled him in writing to conduct an important exercise. He replied saying that he was unable to come to work. It has been confirmed that Kofi Mensah was unable to return to work because he had started work with a competitor firm.
The service conditions prohibit any worker from working with a competitor within two years after terminating their contract of employment with your firm. Management has referred the issue to you for your advice in reference to the Labour Act, 2003, (Act 651) and other relevant laws.
(b) Discuss two (2) remedies available to those who have been subject to unfair dismissal.
Find Related Questions by Tags, levels, etc.
- Tags: Compensation, Labour Act, Reinstatement, Remedies, Unfair Dismissal
- Level: Level 1
- Topic: Employment Law
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