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Section 55 of Employment Act CAP 226: Powers of labour officer to cancel and prohibit contracts

    

(1) A labour officer may, by notice in writing served upon an employer,
terminate or cancel any contract of service, other than a deed of apprenticeship
or indentured learnership lawfully entered into under the provisions of the
Industrial Training Act (Cap. 237), which has been entered into by a child with the
employer, on grounds that, in the opinion of that labour officer, the employer is an
undesirable person, or that the nature of the employment constitutes worst forms
of child labour or for any other cause which may be prescribed.
(2) A labour officer may, by notice in writing served upon any person, prohibit
that person from employing a child in any class or description of employment
specified in the notice, on grounds that, in the opinion of the labour officer, that
person is an undesirable person, or that the nature of the employment constitutes
worst forms of child labour or for any other cause which may be prescribed.
(3) A notice given under subsection (1) or subsection (2) shall be personally
served upon the employer or the person to whom it is addressed.
(4) An employer, employee or person who is aggrieved by a notice given
under subsection (1) or subsection (2) may, within thirty days after the date of
service thereof, appeal in writing against that notice to the Industrial Court which
may confirm or set aside the notice and the decision of the court shall be final.
(5) An employer or a person who, having been served with a notice under
subsection (1) or subsection (2) which has not been set aside on appeal, employs or continues to employ the child to whom the notice refers in or about
the employment to which the notice relates, or any similar employment, or, as the
case may be, employs any child in the employment to which the notice relates, or
any similar employment, commits an offence.
(6) It shall not be an offence for an employer served with a notice given under
subsection (1) to continue to employ the child to whom the notice refers during
the period of thirty days limited for appeal or, if an appeal is lodged and subject to
obtaining from the Industrial Court a temporary stay of execution of the labour
officer’s notice within, such period as the court may determine, pending the
outcome of that appeal.

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Disclaimer: This document is not to be taken as legal advise.

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