Notice of Termination of Contract

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Exit agreement signed under economic duress: dismissal unfair; applicant entitled to compensation and remedy hearing.
  • Employment law — Unfair dismissal — Mutual release/exit agreement vitiated by economic duress; procedural fairness in disciplinary process; employer’s burden to prove valid reason for dismissal; compensation remedy.
Judgment 3 February 2025
Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
  • Employment law — redundancy and retrenchment — s.57(1) Employment Act — duty to consult where employer’s terms/policy require it — relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines — procedural fairness, meaningful consultation and use of proper evidence — unfair dismissal and compensation.
Judgment 1 November 2024