Termination of employment can have significant professional and financial consequences for an employee. An employer cannot lawfully terminate an employment contract without a recognised legal ground and compliance with the applicable procedure. It is therefore important to examine the grounds for dismissal, the termination decision and the procedure preceding it.
More information concerning employee and employer rights is available on our employment law page.
When can an employer terminate employment?
Grounds for dismissal may relate to an employee's performance, conduct, breach of work duties, failure to observe workplace discipline, organisational changes or other grounds prescribed by law.
The mere existence of an asserted reason is not necessarily sufficient. The employer should be able to demonstrate that the reason is genuine, specific and legally relevant.
Warning before dismissal
For certain grounds of termination, the employee must be given an opportunity to respond to the employer's allegations before the final decision is issued. The warning should contain sufficiently specific facts to enable an effective response.
What should a termination decision contain?
- the legal basis for termination
- the facts supporting the decision
- an explanation of the employer's decision
- the effective date of termination
- information on available legal remedies where applicable
When can a dismissal be unlawful?
A dismissal may be challenged where there was no justified legal ground, the relevant facts cannot be established or the employer failed to comply with the required procedure. Particular attention should be paid to statutory deadlines for commencing court proceedings, because missing a deadline may affect the employee's ability to obtain judicial protection.
Which remedies may be available?
Depending on the circumstances, an employee may seek a declaration that the dismissal was unlawful, reinstatement, compensation, payment of relevant contributions or other remedies available under applicable law.
What should you do after receiving a termination decision?
The employee should retain the termination decision, prior warnings, employment agreement, amendments, correspondence and any documents relating to the employer's allegations. The case should be reviewed promptly because statutory time limits may apply.
Conclusion
If you believe that your employment was unlawfully terminated or require an assessment of your legal position, you can contact us for a review of the relevant documentation and potential legal remedies.