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ASYLUM & HUMAN RIGHTS LAW
Experienced participants in the Home Office ELAP (Early Legal Advice Projects)
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Support Services Commissioners of Oaths UK/Zimbabwe Correspondent Lawyers
CASE STUDY - Termination of Employment on notice
This was an employment case where client’s employment was terminated in terms of the provisions of the employment contract but the employer did not want client to serve the notice period. At the same time the employer did not want to pay for cash in lieu of notice
We were instructed to assist client in getting payment of cash in lieu of notice. The argument was that even if the employer would not like the employee to serve the notice period, he remains obliged to pay the employee during the notice period despite asking the employee not to report for work.
Upon contacting the employer and explaining the legal position, the parties reached a settlement. The agreement was that the client would not report for work during the 3 months’ notice period but would still be paid. However during that period client could not look for a job elsewhere as technically he remained employed.