Termination of Employment

Termination of employment means ending the employer-employee relationship between an employer and employee. Termination of employment can be initiated by any of the parties to a contract of employment. Lawful termination of employment under common law includes:

• Termination of employment by agreement: When the employer and employee agree to bring a contract of employment to an end in accordance with an agreement. For example, if there is a contract for a period of one year and the agreed period expires then the contract will obviously come to an end.
• Automatic Termination: A contract of employment may be terminated automatically in circumstances such as death or loss of business of the employer.
• Termination of employment by the employee/Resignation: This happens when an employee due to material breach of the contract by the employer decides to resign from her employment.
• Termination of employment by an employer: An employer may also terminate the employment of an employee but there is a need to comply with the provisions of the law and contract relating to termination. 

Can I terminate an employee because I do not like her/him?
No. Under the law there are four grounds that may justify termination of the employment by the employer and these are:

• Misconduct
• Incapacity
• Incompatibility
• Employer’s operational requirements/retrenchment. 

Posted in: Disputes,Labour Laws,Transfer/Exchange