Disciplinary action

(1) An employer may take disciplinary action other than dismissal where it is reasonable to do so. (2) For the purposes of this section, disciplinary action other than dismissal, includes in order of least severity– (a) a written warning; (b) stoppage of annual bonus (in businesses which operate a bonus scheme); (c) suspension with half pay for a period not exceeding 30 days; or (d) demotion to a lower rank (in industries where there is a grading scheme). (3) In deciding what is reasonable under the circumstances pursuant to sub-section (1), the employer shall have regard to the following– (a) nature of the violation; (b) terms of the employment contract; (c) worker’s duties; (d) penalty imposed by the employer; (e) pattern and practice of the employer in similar situations; (f) procedure followed by the employer; (g) nature of any damage incurred; and (h) previous conduct and the circumstances of the 44 (4) A complaint that disciplinary action is unreasonable may be made in writing to the Labour Commissioner who shall review the complaint and submit to the Tribunal within 5 working days a matter which falls within the jurisdiction of the Tribunal under section 201. CAP. 303. CAP. 44.