Legal effect of absence of termination notice: Summary of Cassation decisions
An employment contract irrespective of its duration may be legally terminated with notice provided one of the grounds in article 28 of the labour proclamation is present. Merely giving notice in the absence of a valid ground does not make the termination lawful. This being the case, what will be the legal effect of termination with a valid ground (Article 28) but without notice? The common understanding is that the legal effect of absence of notice of termination is only payment in lieu of notice, but does not make the termination unlawful. The cassation bench has also affirmed such common understanding in its decision. (Altabe College Vs. Seid Mohammed Cassation File Number 39580 Ginbot 18-2001 E.C.) As a result a worker will not be entitled to reinstatement or compensation and severance pay.
However, a question may be raised when one reads article 41 of the labour proclamation. Article 41 of labour proclamation No.377/96:
“Where an employer or a worker fails to comply with the requirements laid down in this Proclamation or other relevant law regarding termination, the termination shall be unlawful.” Continue reading “Legal effect of absence of termination notice: Summary of Cassation decisions”