The Department of Labour has issued a formal recommendation calling for the reinstatement of a public sector employee who was dismissed earlier this year following a disciplinary process deemed flawed and disproportionate.
The matter stems from an incident that occurred in early January at a government ministry, where the employee, a cleaner, was accused of insubordination after allegedly failing to respond to a greeting from a senior official. The incident was treated as a serious act of misconduct, resulting in the worker being placed on paid suspension while the matter was investigated under provisions of the Labour Act.
Although the employee voluntarily submitted a written explanation citing personal distress and an unawareness of the greeting, no formal request was made for her version of events during the investigative phase. She was nonetheless summoned to a disciplinary hearing, after which she was dismissed in early March.
The National Workers Union, representing the dismissed worker, submitted a request for intervention to the Department of Labour, criticizing the decision as excessive.
Following its review, the Department found that the disciplinary process had not met the legal standards required under the Labour Act. The investigation was neither thorough nor impartial, with the complainant absent from the hearing and no opportunity given for cross-examination. The worker’s voluntary statement was also not formally considered, despite repeated representations by her union.
Labour officials further noted that the dismissal rested solely on a single uncorroborated report, with the employer failing to meet the burden of proof required in such cases. These deficiencies, combined with the inherent power imbalance between the parties, undermined the fairness of the process.
As a result, the Department of Labour has recommended that the worker be reinstated to her former position with full restoration of wages and benefits for the period of unemployment. Additionally, the relevant ministry has been urged to ensure that all future disciplinary proceedings align with the principles of natural justice and statutory obligations under the Labour Act.
The Ministry has been given until June 24 to provide a formal response to the Department’s recommendation.
