Mastering The Law in Termination of Employment Lawfully

Termination in employment can be for varieties of reason, however, the term used in Section 20 of Industrial Relations Act 1967 is “dismissal”. In the case of Colgate Palmolive Sdn. Bhd. v. Yap Kok Foong [1998] 2 ILR 965 (Award No. 368 of 1998) it was held as follows: “In a section 20 reference, a workman’s complaint consists of two elements: firstly, that he has been dismissed, and secondly that such dismissal was without just cause or excuse. As to the first element, industrial jurisprudence as developed in the course of industrial adjudication readily recognizes that any act which has the effect of bringing the employment contract to an end is a ‘dismissal’ within the meaning of section 20. The terminology used and the means resorted to by an employer are of little significance; thus, contractual terminations, constructive dismissals, non-renewals of contract, forced resignations, retrenchments and retirements are all species of the same genes, which is ‘dismissal’.” In dismissal cases, the burden is on the employer (company) to prove that the termination of employment was done with just cause or excuse when challenged in Industrial Court except for the cases of constructive dismissal and forced resignation. These two days training will expose participants to the decisions made by Industrial Court, High Court and superior courts i.e. Court of Appeal and Federal Court with relation to all kinds of termination of employment and to better equip with required knowledge when addressing termination of employment issues at workplace.