Section 35
Suspension and discharge
(1)
In any case where an apprentice so misconducts himself or proves himself to be so incapable that, if he were an employee other than an apprentice, it would have been reasonable for his employer to discharge him, the employer may suspend the apprentice and apply to the Commissioner for leave to discharge him.
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(2)
The Commissioner shall enquire into the circumstances and where he grants such leave the employer shall be entitled to discharge the apprentice as from the date on which he was suspended and as from such date the contract of apprenticeship is deemed to be terminated.
(3)
Where such leave is refused, the Commissioner may make such order as he thinks fit with respect to payment to be made to the apprentice in respect of the period of his suspension.
(4)
If no such order is made, the employer shall pay to the apprentice all the salary that would have been payable to him in respect of such period as if he had not been suspended.
(5)
If the employer, notwithstanding that leave to discharge the apprentice has been refused by the Commissioner, discharges the apprentice, such discharge shall for all purposes be deemed to be a breach by the employer of the contract of apprenticeship.
(6)
Where an employer —
(a)
without proceeding in accordance with subsections (1), (2), (3), (4) and (5), discharges or purports to discharge an apprentice; or
(b)
having suspended him, does not within 3 days thereafter make application under subsection (1) for leave to discharge him, the apprentice may, within 7 days after such discharge or purported discharge or within 10 days after such suspension (as the case may be) apply to the
Commissioner for relief from such discharge, purported discharge or suspension and thereupon the provisions of this section apply in like manner as if the employer had proceeded in accordance with subsection (1).
(7)
The Commissioner may fix an amount that shall be payable to the apprentice as damages for breach or deemed breach of the contract of apprenticeship if the employer discharges him contrary to the provisions of this section, and such amount shall be in addition to the amount of salary payable in respect of the period of suspension.
Employment
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