Detention is no cause for dismissal. Section 32(1) of the Labour code of Cameroon provides that the contract of employment shall merely be suspended during the period of detention of a worker, where the latter is awarded a non-suit or full discharge. If the detention is followed by a conviction, then the employer can pronounce dismissal forthwith.

During the period of detention, the worker can lay no claim to remuneration as he exercises no work and is entitled to no pay. If the worker is temporarily released from detention and he reports to the employer in the case of a non-suit, he will be entitled to his salary thereafter.

The loss of confidence resulting from the preventive detention even if the worker is granted a non-suit or full discharge renders his dismissal lawful as was stated in a decision of the Yaounde Court of Appeal and consequently confirmed by the Supreme Court. However, this position seems logical if the reason for the detention arose out of the worker’s employment.

However, preventive detention will only suspend the contract of employment.

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