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The laws relating to termination of employment - Coggle Diagram
The laws relating to termination of employment
TERMINATION OF CONTRACT
Notice period for termination of contract shall be same for both employer and employee and shall be in writing.
It is possible to terminate the contract of service without notice:
by paying to the other party an indemnity in lieu of notice.
if there is a willful breach by the other party of a condition of the contract of service.
DURATION
LESS 2 YEARS= 4 WEEKS NOTICE
2-5 YEARS = 6 WEEKS NOTICE
MORE 5 YEARS = 8 WEEK NOTICE
TERMINATION AND LAY-OFF BENEFITS
EA 1965 entitles employees, whose services are terminated in certain circumstances to receive termination benefits from employer
retrenchment
business closed
10 days' wages for every year of employment under a continuous contract of service if he has been employed for a period of < 2 years
15 days' wages for every year of employment if he has been employed for 2 – 5
20 days' wages for every year of employment if he has been employed for > 5 years
NOT ENTITLED FOR THE BENEFITS:
-employee for less than 12 month
-the contract is renewed
-retire age
-resigned
-dismiss for misconduct
Employer may dismiss an employee on grounds of misconduct after due inquiry.
No notice needed. Effective immediately
TERMINATION DUE TO MISSCONDUCT
TERMINATION DUE TO ABSENCE WITHOUT PRIOR LEAVE
• An employee who is on medical leave but does not inform or attempt to inform his employer of such leave within forty-eight hours of the commencement thereof shall be deemed to absent himself from work without the permission of his employer.
• absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer.
EMPLOYEE RIGHT TO CHALLENGE THE VALIDITY TERMINATION
Section 69(3) of the Employment Act, 1955
Section 20 of the Industrial Relations Act, 1967
Common Law
CHANNELS
Labor Department
PROCEDURE TO CLAIM UNFAIR DISMISSAL VIA LABOR COURT
EMPLOYEE
LABOUR DEPARTMENT
DIRECTOR GENERAL OF LABOUR
LABOUR COURT
REMEDIES•
< 2 years of service,
days’ wages for every year of service •
2 – 5 years of service,
days’ wages for every year of service
• > 5 years of service, __ days’ wages for every year of service
• Wages in lieu of notice
• Wages in lieu of Annual leave not taken
Industrial Relations Department
PROCEDURE TO CLAIM UNFAIR DISMISSAL VIA IR DEPARTMENT
EMPLOYEE
IR DEPARTMENT
CONCILIATION
CASE CLOSED
REMEDIES
• Reinstatement and back wages
• Compensation (1month for every year) and back wages from the date of termination until court’s decision
High Court
PROCEDURE TO CLAIM UNFAIR DISMISSAL VIA HIGH COURT
EMPLOYEE
LAWYER
HIGH COURT
REMEDIES
Private sector employee Wages in lieu of notice (common law)
Public sector employee Reinstatement and backwages (common law)
Public sector employee
Employees in the public sector have no right to claim reinstatement under the Industrial Relations Act.
A public sector employee who wishes to challenge his dismissal can file a claim directly with the High Court.
If the employee is successful, his dismissal will be declared void and he will be reinstated to his position