ST. JOSEPH KOLPING SECONDARY SCHOOL VS. ALVERA KASHUSHURA CIVIL APPEAL NO. 377 OF 2021.

Abstract

(i) Termination of service is said to be fair according to section 37(2) if it is based on fair and valid reasons and carried out in observance of fair procedures stipulated in the provisions of ELRA. therefore, the Labour Court Judge was right in holding that, termination of respondent's employment contract could not be fair without being based on fair reasons and procedure set out under section 37 of the ELRA. (ii) the employer is bound to give the employee notice of termination even though it is not provided in the contract of service. Section 41(3) and (4) of the ELRA requires such notice to be in writing and state the reasons for and the date of the termination.