The right of the employee to have notice for his or her dismissal
Every employee is entitled to a written notice prior to any dismissal. During the period of notice the employee continues to work for his employer and he is entitled to a leave of a maximum of eight hours per week in order to look for another employment, provided that the maximum number of such hours from the date of the notice until the termination of employment is not in excess of forty. The consequence of any failure on behalf of the employer to give the relevant statutory notice to the employee amounts to summary dismissal which, unless it is permitted, the employee has the right to be paid by the employer for the days of notice not provided.
The Law provides that the employee is entitled to notice in cases of dismissal if he has been continuously employed as follows:
26-51 weeks …………………… 1 week.
52-103 weeks …………………… 2 weeks.
104-155 weeks …………………… 4 weeks.
156-207 weeks …………………… 5 weeks.
208-259 weeks …………………… 6 weeks.
260-311 weeks …………………… 7 weeks.
312-above ………………………….. 8 weeks.
The above length of notice is the statutory minimum, ie if the employee is entitled to a longer period of notice in accordance with any other Law or custom or collective bargaining agreement, contract or otherwise, then the provisions of the Law are not applicable. The law renders void any clause in any employment contract providing for a period of notice less than the statutory minimum.
The employee is not entitled to notice in the following cases:
When he was under a probation period at the end of or during the probation period which cannot be extended beyond 104 weeks.
The employee to whom notice is given by the employer is entitled to end his services to that employer, if he receives an offer for fresh employment during the duration of the period of notice. In that case the employee waives his right for payment for the rest of the period of notice.
When the employer exercises his right of the Law to payment in lieu of notice. In that case the employer has the right to demand by the employee to receive payment instead of notice.
The employer behaves in such a way rendering himself liable to dismissal without notice. This is the case where the employee can be dismissed for a fair ground of dismissal for misconduct, where dismissal without notice (summary dismissal) is permitted. In these cases the employer must dismiss the employee within reasonable time from the event giving rise to summary dismissal, otherwise he waives from such a right .Without prejudice to this reason of dismissal, the law provides that the following instances may justify summary dismissal for misconduct:
the contact of the employee is such that it is clear that the employer-employee relationship cannot reasonably be expected to continue;
the employee has committed a serious misdemeanor (misconduct) in the performance of his duties;
the employer has committed a criminal offence in the performance of his duties without the express or implied consent of his employer;
the improper behavior of the employee during the performance of his duties;
serious or persistent breach or disregard of the rules of work or any other rules of
