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Post Info TOPIC: termination of Employment Contract
Anonymous

Date:
termination of Employment Contract
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I was employed after successfully applying for a post of Director during May 2012. During the Interviews which lead to my appointment one of the applicants requested the employer to postpone his interview session based on short notice. All candidates received the same notice period to attend the interviews. The employer did not grant this postponement and decided to proceed with the Interviews. Council after receiving the recommendations for appointment resolved to appoint me for a period of 5 years. 

 

The other applicant approached the labour court on the basis that the employer was unfair in refusing to grant him a postponement for the interviews. after a lengthy process the applicant was granted a default order by the labour. The legal representative who was appointed by the 1st Respondent (My Employer) did not attend court and failed to inform the employer accordingly. I was cited as second respondent in matter, though the employer had at all times also acted on my behalf.

 

The order received in favour of the applicant read as follows:

1. The appointment of second respondent in post of Director is declared unlawful and accordingly set aside.

2. The first respondent, If remaining desirous to fill the post of Director, shall constitute a shortlisting committee and interview panel de novo in order to select the most suitable candidate for the post.

3. The first respondent is ordered to pay costs

 

I was shocked by the action of the employer who was at all times until the court order was issued, defending the matter and thereby making me to believe that they saw nothing wrong in their decision to appoint me. They without any further consultation with me resolved to terminate my employment contract without any further notice or even giving me any opportunity to sate my case. They purport that they based their decision on the court order.

 

The very same employer who appointed me to the same position are the ones who arbitrarily and without any consultation terminating the contract. I did not do anything wrong as the employee or was I ever charged for any wrong doing or incapacity. I did not appoint myself to the post, the employer did. The order was granted in the absence of the respondents who were all supposed to be represented by an attorney appointed by the First respondent not me. the failure of the appointed legal representative to protect my interests was therefore the sole cause of the court order. the very order the employer relied on to terminate a valid agreement between myself and employer.

My questions are as follows:

What cause of action do i have against the employer?

What procedure was the employer supposed to follow upon receipt of a court order which was granted in default of the employer's legal representative?

Was the employer correct in appointing the other aggrieved  party as acting director to the same post, when they decided to terminate my contract? Is this not unfair advantage and favouritism? The court did not order this.

What are the actions the employer should have taken to have the order rescinded? what can i do if the employer is reluctant to apply for rescission of the order?

What does this unilateral termination of my contract of employment constitute? since this will have a negative impact on my salary and all related benefits and pensions.

 

My contract was officially left with a period of about 2 and half years to expire. What are the possible settlement action likely to be brought agaisnt the employer? 

 

 

 



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Anonymous

Date:
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Since this is a complex issue, you should consult with an attorney.



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