Friday, 27 November 2015

Were you unfairly terminated?

Whether you had received unfair treatment is governed by the Employment Act. Termination is considered fair if
  • Notice is given; and
  • Notice is of the required period (see table below)
Period of Employment Required period of notice of termination
<26 weeks 1 day’s notice
> 26 weeks but < 2 years 1 week’s notice
2 years > but < 5 years 2 week’s notice
> 5 years 4 week’s notice

In the event that either of the requirements is not fulfilled, it is still a fair termination if:

- The employer has given the salary equivalent to the required notice of termination;

- The employee has wilfully breached the terms of contract of service, e.g.
  • employee is absent for more than 2 continuous days without even attempting to inform his employer
  • employee committed some gross misconduct e.g. criminal offences
It is fair if you are dismissed with

- just cause or;
- just excuse

If any of these points were not fulfilled, you may be unfairly terminated. You should contact a lawyer as soon as possible to check if you have any claims or remedies.

At Gloria James-Civetta & Co, we offer a free 20 minutes consultation with one of our employment lawyers who will assess your case. Kindly contact us on 63370469 or email us.