Wednesday, October 15, 2008

SECT. 15(2)

IS THERE SUCH A THING AS A STATUTORY TERMINATION?

By virtue of Sect 15(2)EA, the employer can terminate the employee if he/she is continuously absent for 2 continuous days. One must construe this section very carefully before proceeding to terminate relying on this provision.What is the situation if the employee is absent for 2 days but turns up for work on the third day ? Because the section states that it must be for more than 2 continuous days.

There is no such thing as a statutory termination.It cannot be the intention of the legislature that employers who fall fowl of Sect 15 are automatically terminated.Neither are employers breaching the contract if they cannot pay their employees by the 7th of every month.

If the employee returns to work on the third day, there has been no breach of Sect 15(2) it must be more than 2 consecutive days.

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