Difference between termination of a contract of service and dismissal from employment?

What is the difference between termination of a contract of service and dismissal from employment?

What circumstances can a termination from employment be deemed unfair?

The termination of a contract of service and dismissal from employment differ in their nature and implications. Termination of a contract of service typically refers to the end of the contractual relationship between an employer and an employee, which can occur for various reasons such as the completion of a project, mutual agreement, or expiration of the contract term. On the other hand, dismissal from employment usually involves the employer ending the employment relationship due to reasons such as misconduct, poor performance, or redundancy.

In terms of unfair termination from employment, specific circumstances can lead to such a determination. Unfair termination may occur when an employee is dismissed without just cause or due process, such as arbitrary or discriminatory reasons, violation of employment laws or regulations, or failure to provide proper notice or compensation as required by law. It is essential for employers to adhere to fair and legal procedures when terminating employees to avoid potential legal consequences and protect the rights of the workforce.

By understanding the distinctions between contract termination and dismissal and recognizing the conditions for unfair termination, employers can effectively manage employment relationships and uphold ethical and legal standards in the workplace.

Termination of a contract of service means and implies the cessation of the employer-employee relationship once and for all. It can be unilateral or bilateral. Unilateral termination of the contract of employment by the employer is the instance of discharge, dismissal, or retrenchment of the employee. On the part of the employee, it is resignation or abandonment of employment. Bilateral termination occurs when the employee reaches the age of superannuation as stipulated in the service rules or upon retirement facilitated by any scheme of voluntary separation as mutually agreed between the employer and employees.

When it comes to termination of employment by dismissal, as a student of Law, you know well that the stigma attached to this mode of termination not only deprives the employee of their terminal benefits but also affects their employability elsewhere. The fairness or unfairness of unilateral termination of other sorts by the employer depends mostly upon the restrictive provisions of the Employment Laws of the country and the genuineness of the reasons antecedent to the termination, as well as the compensation package given to the affected employees.