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Cannot dismiss without reason even if written in agreement
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Question
- My employer recently gave me an employment agreement to sign which says that either party may terminate the agreement by giving one months written notice to the other.
- Does this mean that my employer can terminate my employment without cause by simply giving me one months notice in writing?
- If my employer were to give me notice, would this be a dismissal?
Answer
- A dismissal is a termination of employment at the initiative of the employer.
- Accordingly, if your employer was to give you notice of termination, it would be a dismissal because your employer is responsible for your employment coming to an end.
- The Employment Relations Act prohibits employers from dismissing employees unjustifiably.
- This means that your employer must have a justifiable reason for dismissing you such as serious misconduct, poor performance, or redundancy.
- Your employer cannot end your employment without justification by simply giving you one months written notice of termination.
More on Employment Agreements
Employee trial periods| Alphabetical Index | Case Law | 
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