In Brief
An assistant teacher and clerk challenged her dismissal from a school after 9 years of absence. The Labour Court found she had abandoned service in 1997 when she relocated after marriage and dismissed her claim. The High Court reversed this, citing lack of domestic enquiry. The Supreme Court restored the Labour Court's award, holding that while employers need not conduct enquiries before dismissal, they can justify the action through evidence before the tribunal. Critically, the burden lay on the employee to prove 240 days of continuous service in the preceding 12 months. As she produced no attendance records or salary slips but the employer proved non-employment since 1997, her claim failed.
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