CASES OF EMPLOYMENT TERMINATION
As explained in our previous blog post, employment termination refers to
ending the contractual working relationship between an employer and an
employee.
In this write up I will be sharing a few cases experienced on the field. These are all cases of termination of
employment, of employees that had what is referred to as a common law Contract
of Employment. I hope readers will learn from these experiences.
CASE 1:
The principal at a school, reported that a teacher, also
employed at the same school, decided to leave her job, in the middle of the
school term. The teacher handed in her resignation to the principal who
attempted to reject it on the grounds that she cannot abandon the students in
her care. She also did not adhere to the terms relating to payment in lieu of
notice.
How should this be addressed?
It is actually within the spate of the law for her to
resign, once she adheres to the terms of her contract. Whilst it would be seen
as morally wrong that she would drop her responsibilities midway and leave, one
doesn't know whether she was mis-managed by her supervisor, which she on her
part could also view as morally wrong.
The only thing here that can be be done is that she makes
the payment in lieu of notice, but she should realize that it could affect the
chance of her getting a good reference.
CASE 2:
An Admin Manager was hired into a company. After several months of being with the company, he realized that the admin officer that
had been working in his department, even before his joining, was someone he
couldn't retain in the department if he was to achieve the departmental goals and
objectives. The admin officer was grossly incompetent and unable to meet up to the
expected performance standard, despite being coached, counseled, etc.
The manager was eventually left with no choice but to
terminate the admin officer's employment. Hence, he invited him for a talk and
advised him to resign so as not to affect his career growth. The employee
submitted his resignation letter and left honourably.
CASE 3:
In another case, an employee working at a firm was given
a letter terminating his employment with effect from the date the letter was received. He
was told that according to his contract of employment, he would be paid one
month salary in lieu of notice and would be paid immediately.
The employee felt so bad and decided to take the matter
further, claiming that the employer had an ulterior motive and that no reason
was given as to why he was being terminated.
QUESTION: Has the employer acted illegally?
ANSWER: No!
REASON: Because, under the common law contract of
employment, the employer can terminate the contract without giving any reason
at all.
(AN UNWILLING EMPLOYEE CANNOT BE FORCED ON AN UNWILLING
EMPLOYER, AND VICE VERSA)
CASE 4
In the last scenario, the employer terminated the
contract and paid the employee three months salary in lieu of notice. The
employee went to court and won the case, because his contract stated that
either party must give 3 months notice, it didn't say " or pay three
months salary in lieu of notice". So he rejected the 3 months salary, won
the case and his claim for damages, as well as being resuscitated back to his
job.
Adaora Ayoade
MD/CEO
EZ37 Solutions
…consistently adding value
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