Alex When does termination of employment amount to dismissal?
It amounts to dismissal if an employee terminates employment because following the transfer of business as a going concern, the new employer provides the employee with conditions or circumstances at work that are substantially less favourable than those provided by the old employer.
When does an employer terminate a contract without notice?
(f) an employee terminated a contract of employment with or without notice because the new employer, after a transfer in terms of section 197 or section 197A, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee than those provided by the old employer.
When is a dismissal of an employee unfair?
(1) A dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to section 549 or, if the reason for the dismissal is – (a) that the employee participated in or supported, or indicated an intention to participate in or support, a strike or protest action that complies with the provisions of Chapter IV 50
When did wits give notice to terminate the SLA?
On the 27 November 2009, Wits gave notice to Fidelity to terminate the SLA and, in turn, Fidelity issued all employees with letters advising them that as a result of the termination of the SLA, their fixed term contracts would come to an end as agreed. Wits subsequently required further services from Fidelity albeit with a reduced staff compliment.
What are the rules for termination of employment?
(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.
Is there a 21 day period after termination?
Material changes to the termination agreement would generally render a fresh period of 21 days, but both parties may mutually agree that the 21 days will run despite the changes. A class or group of employees who are about to be terminated have additional requirements before a release document can be released to the employer.
What is the termination of employment IRR of the Labor Code?
Termination of employment provisions under Article 297 [formerly 282] of the Labor Code, as amended provide the grounds for valid dismissal. The DOLE issued the new IRR for this the highlights of which are discussed by Atty. Villanueva in The Labor Code 2018 Edition (pp. 281-285) as follows:
When to terminate an employee over 40 years of age?
Terminating Two or More Employee Who Are Over 40 Years A class or group of employees who are about to be terminated have additional requirements before a release document can be released to the employer. The consideration period for terminating employees for groups of two or more would be 45 days, instead of the original 21.