Termination of employment contract before commencement

Our company signed an employment contract with someone for the position of internal auditor. However, two days before the commencement of the contract, we discovered that some of the documents he submitted during the job application such as his certificate of registration with the Board of Auditors and Accountants were false. Are we required to subject this employee to the disciplinary hearing process for us to be able to terminate the contract he signed with us? What terminal benefits is he entitled to?
RW, Bukoba

In view of section 35 of the Employment and Labour Relations Act [Cap.366 R.E 2019], an employee with less than 6 months of service for the employer is not entitled to a disciplinary hearing process for the offence committed during job vacancy application or even during his service for the employer. The disciplinary hearing procedures are required only for the employees who have worked for the company for more than 6 months.

All you need to do is write to the employee and tell him that upon discovery of the forgery in the documents he submitted to the company when he made the application for the position, the company has decided to revoke the agreement. Section 41(1)(a) of the Act provides for 7 days’ notice of termination when the employment contract is terminated in the first month of its commencement. Since the employment was yet to commence, such provisions are not applicable. We assume that you have, indeed, found forgery as otherwise this will become a contentious issue!