Monday, August 29, 2016
STATUTORY DEFENSE WHEN EMPLOYER CLAIMING WAGES IN LIEU OF NOTICE AGAINST AN EMPLOYEE
When an employee being sued by an employer under section 69(2)(iii) or 69C, Employment Act 1995 for wages in lieu of notice. The act itself has provided statutory defense in the form of section 13(2) and section 14(3), both sections has requirements that if fully met, an employee can challenge the cause of action brought up by the employer to the labour department.
Section 13(2) dealt with breach of contract and usually read together with section 15(2) of the said act, if being used by an employee.
Section 14(3) are use exclusively by employees when in his opinion he or his dependent are in danger from the employment contract, a simple example is a clerk instructed by his employer to stand-in as a security guard in the absence of one.