Employee Termination
LABOUR & SERVICES
Termination of Employment
Do employees have to be given notice of termination of their employment?
Employees must be given a notice of their termination by the employer; however, in case the employer chooses to terminate the employment with immediate effect, they may do so by paying wages/salary in lieu thereof. This period is typically one month under the IDA and the Shops and Establishment Acts.
It is pertinent to note that the period of notice is waived off in cases of termination owing to misconduct of the employee, where the employer can terminate immediately without further liability after following due process.
What protection do employees have against dismissal?
An employee may challenge their termination by questioning the procedural aspect or denying the grounds for dismissal. A termination may be construed to be bad in law if the employer fails to prove the alleged grounds. In such cases, the employee may seek remedies like reinstatement with back-wages, damages, or other appropriate relief.