Termination of Employment

TERMINATION OF EMPLOYMENT

  • Termination for executive staff contractual and no involved procedure
  • Termination of workman staff of two types: Dismissal because of disciplinary reasons or Retrenchment of individual or group of workmen
  • Termination of workman staff invariably ends up in litigation
  • Dismissal because of disciplinary reasons involves detailed disciplinary proceedings
  • Workman dismissed because of disciplinary proceedings not entitled to severance or other pay
  • Disciplinary proceedings subject to court review and dismissal order will be put aside
  • Penalty for wrongful dismissal for workman – reinstatement plus full-back wages
  • Retrenchment of workmen needs government approval and see a period
  • Retrenchment approval rarely granted
  • Industrial unrest and/or delaying of proceedings by unions inevitable

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