Termination of employment contract

Question 1

Section 52(7) of ECA

Answer 1

Provides for the termination and expiration of contracts of employment
1. Expiry
2. Death
3. Retirement
4. Notice s53
5. Operation of law

Question 2

The four types of dismissal

Answer 2

1. Summary dismissal
2. Unlawful dismissal
3. Constructive dismissal
4. Unfair dismissal

Question 3

What’s summary dismissal

Answer 3

The dismissal of an employee without notice before expiration of contract, where employee has misconducted (section 53(1) ECA

Question 4

The food lover’s case

Answer 4

It states that the power to dismiss an employee on the basis of misconduct is upon the employer

Question 5

Wrongful Dismissal

Answer 5

When employee is dismissed without notice nor misconduct
It’s concerned with HOW someone was dismissed

Question 6

Contract Haulage v Kamayoyo

Answer 6

A pure master and servant relationship there cannot be a specific performance of contract of service and the master can terminate contract at anytime provided there’s notice, if termination isn’t warranted employer will be liable for wrongful dismissal of employee

Question 7

Constructive Dismissal

Answer 7

This test for C.D is whether the employer’s conduct has fundamentally breached the employment contract forcing employee to resign

Question 8

Standard Chartered bank v Nair

Answer 8

The Re-stated test for C.D happens when the employer fundamentally breaches contract making work life for employee unbearable for a period of time

Question 9

Kitwe city council v William ng’uni

Answer 9

To establish constructive dismissal there must be proof of intolerable conduct by employer forcing employee to resign

Question 10

Stockdale v Woodpecker

Answer 10

Under summary dismissal an employee guilty of misconduct may be dismissed without notice nor wages for broken time

Question 11

Unfair Dismissal

Answer 11

Where an employee is dismissed contrary to labour legislation per section 108 ILRA
Section 52(4) ECA provides the grounds for wrongful dismissal

Question 12

Severance pay

Answer 12

Provided under Section 54 ECA stating that an employee who’s contract of employment is terminated is entitled to a severance pay

Question 13

Displinary hearing

Answer 13

Provided under Section 52(3) ECA stating that parties must be given a chance to be heard before termination

Question 14

Grounds for dismissal

Answer 14

1. Sleeping on duty
2. Gross disobedience
3. Theft
4. Sexual harassment
5. Incompetence