Here, we discuss the provisions of the law generally and as briefly as possible. The assumption is that the dismissal has happened.
At the court trial, the employer must illustrate the manner and circumstances that warranted such dismissal. The employer is expected to have followed legally cognizable procedures in their strict form. Even in a situation, a decision to dismiss an employee is without a doubt justifiable.
It must be understood that the wording of the Employment Law[1] is specific. Although there are loose ends as to the detail of what should be done, the provisions are unambiguous as witnessed by several case laws. For instance, it provides that the Employer must issue a Notice to conduct a hearing and eventually communicate their decision to the employee.
The Notice must be issued in a cognizable format to the employee.[2] Such that the employer is assumed to be able to establish that the written communication- Notice is understood by the employee. It must be concise and in proportion to the nature of employment. Be it daily wages, weekly wages, monthly, or otherwise, the Notice period must coincide accordingly. Even then, the Notice must lead to a hearing where the employee may choose to nominate representatives.
Such are umbrella requirements of what constitutes lawful and fair terms of employment. Note that the detail in the process has been deliberately left out here to communicate in a simplistic approach to what is otherwise complex issues of fairness, equity, and legally acceptable processes for both the employer and employee. Failure on the employer’s part would result in successful suits for unfair and unlawful termination. Of course, this does not mean that dismissal cannot occur. The grounds for dismissal are readily available though they remain subject to the procedures alluded to herein.
Once then the dismissal has occurred in default of the legal procedures, the only alternative is for the employer to minimize the monetary compensation to the employee’s claims.
[1] EMPLOYMENT ACT, CHAPTER 226
[2] The employee is issued a Notice explaining the reason for intended termination in a language he can understand, stating the reasoning for the decision, the expectations from the employer as well the period within which he must respond to the notice is a form of ‘showing cause’ together with the legal options that are open to the employee.
