Summary Dissmissal

For the purposes of an unfair dismissal claim, the termination must be initiated by the employer. Meaning that “the employee would have remained in the employment relationship had the employer not taken the action that it did” (Price & Nielson2012, Page 342). Where there is clearly resignation or an abandonment of employment the termination would be initiated by the employee and so no remedy is available (Price & Nielson 2012). In most cases an employee whose employment is to be terminated is entitled “to a reasonable period of notice or compensation in lieu thereof, unless their guilty of serious misconduct” (Price & Nielson 2012, Page 331). An employee is entitled to the statutory minimum period of notice. the employer must give “one weeks’ notice to an employee who has between one month an two years continuous service” (Lawcards 2012, Page 74) and one week for every year for employees with more than two years continuous service, subject to the statutory maximum of 12 weeks (Lockton 2003).

Parties should agree precisely on the appropriate length of notice. However if the contract provides no guide as to the period of notice the common law will impose a reasonable period which may be equal to or greater than the statutory minimum (Lockton 2003). The court will take the following in to consideration;

* Employees age

* Length of service

* Annual salary

* The standard practice or custom in the industry

* The skills, experience and qualifications needed for the job

* Importance of the position

* Any benefits or opportunities the employee passed up to take on the position

* Pension rights

* The employee’s future job proposals (Price & Nielson 2012)

If an employer wishes to terminate the contract immediately, for a “reason not related to the misconduct of the employee, it is an option for the employer to discharge the employee immediately and to pay the employee wages equivalent to the notice period” (Price &...