FAQ

Employee Relations – Termination

Can an employer require an employee who tenders notice of resignation to leave the company immediately?

Yes, however the employer must pay the employee wages in lieu of the balance of the notice period.

My termination notice is 3 months and I have 2 weeks of annual leave left. Can the Company force me to leave immediately (within a week) and force me to compensate (pay the Company 2.5 months’ salary) them for leaving early?

Your notice of termination would be 3 months or payment of 3 months wages in lieu of termination notice. If the Company wishes you to leave immediately, then the Company needs to pay you the payment in lieu of notice. You do not have to pay the Company any payment in lieu of notice, as you do not leave early, instead it was the Company that want you to leave early and as such the Company has to pay you in lieu of the remaining notice period.

Can a company use the services of outsiders to conduct domestic inquiry?
Domestic inquiry is an internal matter and should as far as possible be handled by employees of the Company. However, if all the employees of the company have prior knowledge of the case, company may use the services of the company’s Board of Directors and outsiders to hold a domestic inquiry.

Is an employee entitled to payment in lieu of annual leave not taken at the time of termination of service?
The employee who resigns from service or whose service is terminated otherwise than for misconduct is entitled to paid annual leave in direct proportion to the completed months of service during the year in which termination takes place and the employer shall pay the annual leave wages in respect of the balance of annual leave.

How long is the notice period required for either party to terminate the contract of service?

General guidelines for disciplinary action are as follows:

  • The notice period must be equally the same and it must be clearly stipulated in the contract.If not define in the contract, the minimum period for a notice of termination to be effected are as follows;
  • If not define in the contract, the minimum period for a notice of termination to be effected are as follows

Less Than 2 years’ service – 4 weeks

More Than 2 years’ but less than 5 years – 6 weeks

More than 5 years – 8 weeks 

Can a termination be effected without notice by either the employer or employee?

Can a termination be effected without notice by either the employer or employee? In the event of willful breach of contract on either party, the other party may terminate the contract without notice.

What is the recourse or action for an employer, in the event he finds his employee commits misconduct that goes against the conditions of contract?

After due investigation and after finding the act/s tantamount to misconduct that goes against the conditions of contract, either express or implied terms, the employer may:

  • Dismiss the employee without notice
  • Demotes the employee
  • Demotes the employee
  • Any other lighter punishment

For the purpose of investigation, an employer may suspense his employee for the maximum period of 2 weeks. Full wages shall be reimbursed to the employee once he is exonerated.

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