The Employment Act, No.11 of 2007 provides in section 44 (41) matters that may amount to gross misconduct so as to justify the summary dismissal of an employee for lawful cause. They include, among others: The applicable legal test to be applied in determining whether an alternative treatment is reasonable and requires to be discussed with the patient is the professional practice test

Upon investigating the matter after the 1 st respondent had tested positive, it was discovered that not only had he hugged a fellow employee who had comorbidities, but that he had also walked around the workplace without a mask. The questions that needed to be posed despite the applicant having all of these fancy COVID- 19 policies, procedures and protocols in place, were whether more than merely dismissing employees for failing to adhere to the basic health and safety protocols was sufficient in curbing the spread of the pandemic. It could not be that in the midst of the deadly pandemic, the applicant allowed mask-less ‘huggers’ walking around on the shop floor. Employment Law – dismissal – grounds for dismissal –gross misconduct and gross misconduct and gross negligence – where an employee who had tested positive for COVID-19 failed to observe the required COVID-19 guidelines in the workplace and to self-isolate thereby endangering himself, his colleagues and the workplace – whether the dismissal of an employee on account of gross misconduct and gross negligence, related to his failure to follow and/or observe COVID-19 related health and safety protocols put in place at the workplace was fair. In determining the appropriateness of a sanction of dismissal, a commissioner of the Commission for Conciliation, Mediation and Arbitration (commissioner) was obliged to make an assessment of the nature of the misconduct in question, determine if whether, combined with other factors and the evidence led, the misconduct in question could be said to be of gross nature. Once that assessment was made, and the invariable conclusion to be reached was that the misconduct in question was of such gross nature as to negatively impact on a sustainable employment relationship, then the sanction of dismissal would be appropriate. A delay by an illegal foreigner in expressing their intention to apply for asylum does not bar them from applying for refugee statusBelly button piercing jewellery is a fun way to show off your style. Express yourself with belly bars that have yin yangs if you’re into spiritual philosophy. Or let the world know you’re into astrology with moon and stars-inspired piercing jewellery. Whatever fashion you fancy, you’ll find that Claire’s has the hook up. Have some questions about belly piercing jewelry? Don’t worry. Claire’s has got you, boo. Below are the most common questions and their answers. Does Claire's do Belly Button Piercings? Do you love to show off your belly button piercing? We have a huge selection of belly button bars or rings at Claire's. From decorative styles to simple bars, we're sure you'll find something in our belly button piercing jewellery collection for summertime! Belly Button Piercing Jewellery

Belly button piercing jewelry is a fun way to show off your style. Express yourself with belly rings that have yin yangs if you’re into spiritual philosophy. Or let the world know you’re into astrology with moon and stars-inspired piercing jewelry. Whatever fashion you fancy, you’ll find that Claire’s has the hook up. In approaching the dismissal dispute impartially, a commissioner would take into account the totality of circumstances. He or she would necessarily take into account the importance of the rule that had been breached. The commissioner had to of course consider the reason the employer imposed the sanction of dismissal, as he or she had to take into account the basis of the employee’s challenge to the dismissal. There were other factors that would require consideration. For example, the harm caused by the employee’s conduct, whether additional training and instruction could result in the employee not repeating the misconduct, the effect of dismissal on the employee and his or her long-service record.The Ministry of Health, later on, via a Gazette Notice, classified Covid-19 as a highly infectious respiratory disease, therefore any infected person who exposes himself to the public without taking proper precaution is guilty of an offence under the Public Health Act (PHA). One would be liable to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding three years or to both as provided in section 28 of the Public Health Act, Cap 242, Laws of Kenya.