Suspension of Employee

The employer is entitled to suspend an employee with pay for a reasonable time in order to fully investigate an allegation of a covert act of serious misconduct. The suspension is necessary as the continued presence of the alleged offender in the workplace may hinder investigation or affect the well being of the business or other employees. For instance, there may be an allegation of sexual harassment or unwitnessed assaults. In such cases suspension may be warranted as the offender may continue to commit the act thereby exposing other employees to further risk of attacks.

It is however, unlawful for an employer to suspend an employee without pay. The decision to suspend must be made with care, after considering all factors fairly.

 

 

Resignation of Employment

Where the employee resigns freely then it is open to the employer to accept the resignation thereby terminating the employment. It is expected of the employee to give reasonable notice to enable the employer to find a replacement. In this situation if the employer has good reason, is permitted accept the resignation with immediate effect by paying the employee in lieu of notice.

However if the employee resigns as a result of the employer's "misconduct" then such resignation is considered constructive dismissal , as discussed in detail elsewhere in this service and the employer may be sued for unfair dismissal.

It is also unfair for an employer to force the employee to resign by offering compensation even thought the same exceeds the minimum amount. This occurs where the employer may have reasonable grounds to dismiss the employee but does wish to follow the fair procedure. An employee is entitled to refuse such offer. If the employer then attempts to dismiss the employee even though the employer has reasonable grounds then such attempt will be viewed with suspicion.

 

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Withdrawal of Resignation

Where an employee resigns and such resignation has been accepted by the employer, the employee cannot have second thoughts over night and seek a withdrawal.

On the other hand an employee is allowed to immediately withdrawal a resignation made in the heat of the moment. Any delay in such withdrawal, for instance, over night will mean that the right has been lost.

 

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Employment Separation Certificate

Any employee who has resigned or dismissed is entitled to request the employer to issue an Employment Separation Certificate under the Social Security Act 1991. This certificate enables the employee to claim unemployment benefits. When a request is made on the employer for such a certificate the same must be made available within 14 days of such request.

 

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Unfair Dismissal

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New Employment Contracts

 

 

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