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SC rules that clear and credible evidence is needed for dismissal

Jarida Report

The Supreme Court on Friday ruled that the responsibility lies squarely on the employer to establish the misconduct of an employee through clear, credible, and convincing evidence when initiating disciplinary proceedings under the Industrial Relations Laws. “When any employee challenges his termination or dismissal from service, the burden often shifts upon the employer to establish that the action was based on independent, unbiased, and logical reasons,” Justice Muhammad Ali Mazhar observed while heading a three-judge SC bench. The bench had taken up an appeal filed by Saeed Ahmed against the Oct 11, 2022 judgement of the Sindh High Court (SHC).

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