Common use of Procedure for Termination of Employment Clause in Contracts

Procedure for Termination of Employment. Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for assistance. Pro-rata leave and severance pay might be payable. In the event of an employee being unable to return to work due to disability, the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. The employer must try to accommodate the employee as far as possible, for example, amending or adapting their duties to suit the disability. However, in the event of it not being possible for the employer to adapt the employee and/or to find alternatives, then such employer may terminate the services of the employee. The Labour Relations Act, 66 0f 1995, sets out the procedures to be followed at the termination of services in the Code of Good Practice, in Schedule 8

Procedure for Termination of Employment. Whilst the contract of employment makes provision for termination of employment, it must be understood that the services of an employee may not be terminated unless a valid and fair reason exists and fair procedure is followed. If an employee is dismissed without a valid reason or without a fair procedure, the employee may approach the CCMA for assistance. Pro-rata leave and severance pay might be payable. In the event of an employee a farm worker being unable to return to work due to disability, the employer must investigate the nature of the disability and ascertain whether or not it is permanent or temporary. The employer must try to accommodate the employee as far as possible, possible for example, amending or adapting their duties to suit the disability. However, in the event of it not being possible for the employer to adapt the employee farm workers duties and/or to find alternatives, then such employer may terminate the services of the employeefarm worker. The Labour Relations Act, 66 0f 1995, of 1995 sets out the procedures to be followed at the termination of services in the Code of Good Practice, in Schedule 8.