AFM231 Chapter Notes - Chapter 21: Fundamental Breach, Absenteeism, Condonation
8 Aug 2018
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Chapter 21 terminating the employment relationship: can end in amicable fashion with employee pursuing other interests, retires, or leaves fixed-term contract. Others can be less pleasant when employer: summarily dismisses, or fires employee, gives employee a notice of termination, acts in such a manner that the employment relationship becomes untenable. Implied term that contract can be terminated without notice if there is just cause: also, implied term that employer may terminate the employment contract by giving the employee reasonable notice of termination. Incompetence lack of ability, knowledge, or qualification to perform employment obligations. Ensure sound policies and procedures are established and practiced. Employees are often entitled to common law reasonable notice: termination of fixed-term contract prior to its expiry is breach of contract. Reasonable notice periods the notice time depends: character of employment senior high-level management is entitled to more notice than a junior. But courts argue that inappropriate weight should not be given to character of employment.
