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Unfair Dismissal

The employee is entitled to notice payment and compensation unless the dismissal is summary dismissal i.e. without notice.

An employer may dismiss without notice if the behavior of the employee is such that it shows that the relationship between employer and employee can not continue, for example the employee has lied to the employer. Other examples are:

1. the commission of a serious offence by the employee in the execution of his duties.

2. the commission of a criminal offence.

3. inappropriate behaviour like cursing.

4. serious and repeated violation of the rules and regulations regarding employment.

The period of notice and the statutory compensation in the event of unfair dismissal are specified in Schedules 2 and 4 of the Termination of Employment Law and are codified in Tables 1 and 2 below.

TABLE 1 – PERIOD OF NOTICE

WEEKS OF EMPLOYMENT	MINIMUM NOTICE
1- less than 52	1
52- less than 104	2
104- less than 156	4
156- less than 208	5
208- less than 259	6
260- less than 311	7
312 and more	2

TABLE 2 – STATUTORY COMPENSATION

YEARS OF EMPLOYMENT	MAXIMUM COMPENSATION IN CASE THE DISMISSAL IS UNFAIR
1-4	2 weeks for every year
5 up to and including 10	2.5 weeks for every year
11- up to and including 15	3 weeks for every year
16- up to and including 20	3.5 weeks for every year
21- up to and including 25	4 weeks for every year

The Industrial Disputes Court may take into account additional factors when awarding damages for example loss of career. In any event, however, compensation cannot exceed 2 years of salaries in total. For purposes of calculation of the compensation salary means the last gross salary.