Notice for Termination

An employer shall not discharge, suspend or lay off an employee, without having given at least:

• one week’s notice to an employee if his period of employment is less than two years;

• two weeks’ notice to an employee if his period of employment is two years or more but less than five years;

• four weeks’ notice to an employee if his period of employment is five years or more but less than ten years; and

• eight weeks’ notice to an employee if his period of employment is ten years or more.

Just Cause

An employer is not entitled to give an employee notice of termination if the employee has been guilty of wilful misconduct or disobedience or neglect of duty that has not been condoned by the employer,

termination of ten or more employees:

Where an employer discharges or lays off ten or more persons in an establishment within any period of four weeks or less, the employer shall give notice of not less than:

• eight weeks if the employment of ten or more persons and fewer than one hundred persons is to be terminated;

• twelve weeks if the employment of one hundred or more persons and fewer than three hundred is to be terminated;

• sixteen weeks if the employment of three hundred or more persons is to be terminated.

None of the above do not apply to:

• a person whose period of employment is less than 3 months;

• a person employed for a definite term or task for a period not exceeding 12 months;

• a person who is laid off or suspended for a period not exceeding consecutive days

• a person who is discharged or laid off for any reason beyond the control of the employer

• a person who has been offered reasonable other employment by his employer;

• a person who has reached the age of retirement established by the employer on the basis of a bona fide occupational requirement for the position in which that person is employed, has his employment terminated

• a person employed in the construction industry

• a person employed in an activity, business, work, trade, occupational profession, or any part thereof, that is exempted by regulation.

If an employer wants to end someone's job immediately, they can do so by giving the employee a written notice that they will be terminated. In this case, the employer must also pay the employee an amount of money that equals what they would have earned if they had worked their regular hours during the notice period. This includes any overtime pay the employee would have received if they had worked those hours.

Duty of employer if notice given

Where notice has been given:

• The employer cannot change the rates of the wages or any other condition of the employment; and

• at the expiry of the notice, the employer shall pay to the person all pay to which they are entitled to

Notice requirements

In order to give notice of termination, the employer shall give notice in writing addressed to each person whose employment is to be terminated ad shall serve the notice personally or by registered mail

NS ESA s.72, 74, 75