Reasons for termination of employment
In our earlier post, we cover the Notice of termination as per the EMPLOYMENT ACT. However, there are some reasons that the employer may terminate an employee’s contract as follows
- Retirement
- Section 14(1) IRA- misconduct
- Wilful Breach of Contract
- Retrenchment
- Criminal Offence
- Frustration of Contract
- Repudiation of Contract
- Effluxion of time [contract of service for specific period]
- Termination for poor performance
For the employee govern by the IRA 1967, the Act recognizes the management’s prerogative to employ, terminate for reasons of redundancy or reorganization or dismiss an employee with proper cause or excuse. However, the Industrial Court also has “the right to interfere into any management prerogatives and strike down any unfair labour practice or victimization”. But the Court will not interfere with the bona fide exercise of power which is given to the management by the common law and by the contract of service which is inherent in the management.
On the other hand, section 20(1) of the IRA 1967, provides: where a workman who is not a member of a trade union of workmen considers that he has been dismiss without just cause or excuse by his employer, he may within 60 days of the dismissal make representation in writing to the Director-General to be reinstated in his former employment, the representation may be filed at the office of the Director-General nearest to the place of employment from which the workmen was dismissed.
If the workman is a member of a union, his union can file an appeal on his behalf for reinstatement [section 26 of IRA]
Similar Posts:
- Termination of employment contract
- FAQ on Probationary Period
- Notice of termination of contract
- Probationary Period
- Introduction to EA 1955
- How to professionally resign from your job
- Leave
Filed Under: Employer • Employment • Industrial Relations
