Notice of the intention to terminate employment may be verbal or written. If a worker has been in continuous employment with the same employer for at least 3 years, at least 3 months’ notice must be given. Shorter notice periods are prescribed in every other case. If the employee is remunerated at monthly or fortnightly intervals notice must be given at least 14 days before .the end of a calendar month; if the worker is remunerated at intervals of less than 14 days, the length of notice must be at least equal to the interval at which remuneration is paid.
No notice is required when dismissal is for gross misconduct. A dismissal for misconduct is permitted if the employer could not, in good faith be expected to take any other course than to dismiss the employee and dismissal is effected within 7 days of any of the following event, whichever is applicable:
- The completion of a hearing before the company disciplinary committee involving the employee;
- Final judgement ordered against the employee in criminal proceedings on coming to the employer’s notice, or
- The employee’s misconduct first coming to the employer’s notice.
An employer with not less than 10 workers, who intends to reduce the number of workers either temporarily or permanently, must give written notice of any such intentions to the Minister of Labour, together with a statement of the reasons for the reduction at least 120 days before the effective date for the termination of employment. The Minister must refer the matter to the Termination of Contracts of Service Board. The employer may not reduce the number of employees until 120 days have elapsed from the giving of notice to the Minister or until the Board gives its decision whichever is later.
Except in cases of dismissal for gross misconduct, an employer must pay a severance allowance to any employee with 12 months or more continuous service if the employer terminates the employee’s employment or the employee retires on or after reaching the age of 60, either voluntarily or at the request of the employer. If termination of employment by an employer is justified, the severance allowance payable to the employee is normally equal to one quarter of a month’s wages for each 12 months of service, and if unjustified, 3 months wages for each 12 months of service. In cases where the work force is reduced, the decision of the Termination of Contracts of Service Board will determine whether the termination of employment is justified or not.
