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Cannot dismiss without reason even if written in agreement

An employer cannot terminate employment without justification by simply giving written notice of termination, even if that is provided for in an employment agreement.

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.

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link  Employer can still be bound by oral agreements

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link  Common problems with employment agreements

link  Cannot dismiss without reason even if written in agreement

link  Take care when preparing employment agreements

link  Can a collective employment contract negotiated with union members be applied to non union members?

link  Importance of disclosing correct employer

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link  Renegotiation of employment contract on sale of business

link  What an offer of employment might look like

link  Expired contracts continue with same terms and conditions

 

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