Termination by an Employer

It the employer terminates the contract unilaterally, with or without notice, then this amounts to a dismissal. If the employee either resigns or agrees to terminate the employment then this will generally not amount to a dismissal. However, if an employee resigns because he is told that if he does not resign he will be dismissed, this amounts to a dismissal An example can be seen in Robertson v Securicor Transport Ltd [1972], where a guard who had broke the rules by signing for a package he did not have was given the notice of resigning or sacked. He choose to resign and was held to have been unfairly dismissed. Besides that, when an employer radically and unilaterally changes the conditions of employment then this will amount to a dismissal as well.

So...what is dismissal???
An employee is said to be dismissed if :
@the employer terminates the contract with or without notice
@a fixed term contract expires
@the employee is constructively dismissed
@an employee who has been given notice by the employeer, himself gives the employer a shorter period of notice to end the contract.

Ultimately, it is up to the employee to prove that he was dismissed...

Posted by ahkeenz at 11:55 PM