Q: Can I be fired with immediate effect?
A: Part 2
An employer can terminate an employee's contract at any time for any legitimate reason, provided that they give the employee reasonable notice or compensation in lieu of reasonable notice. This means that the employee must be given minimum notice equivalent to the pay period; i.e., a weekly paid worker would require 1-2 weeks* and a monthly paid employee would require 3-4 or more* depending on the length of service. The employer also has the option of firing this employee on the spot and paying them for the notice period.
Wrongful Dismissal involves a breach of contract or the law regarding the contract as stated above. In other words, the "wrongful" is only associated with the WAY in which the employee was terminated, not the REASON for the termination.
Wrongful dismissal occurs when an employee is dismissed without notice; too short notice; contrary to the terms in the employment contract; or when "a worker has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice", according to Section 10(5) of the Industrial Relations Act 1972, as amended.
*N.B. - A shorter notice period may be used if it can be justified.
There is NO QUALIFYING PERIOD for Wrongful Dismissal, so an employee can bring a claim for this at anytime during employment.
A: Part 2
An employer can terminate an employee's contract at any time for any legitimate reason, provided that they give the employee reasonable notice or compensation in lieu of reasonable notice. This means that the employee must be given minimum notice equivalent to the pay period; i.e., a weekly paid worker would require 1-2 weeks* and a monthly paid employee would require 3-4 or more* depending on the length of service. The employer also has the option of firing this employee on the spot and paying them for the notice period.
Wrongful Dismissal involves a breach of contract or the law regarding the contract as stated above. In other words, the "wrongful" is only associated with the WAY in which the employee was terminated, not the REASON for the termination.
Wrongful dismissal occurs when an employee is dismissed without notice; too short notice; contrary to the terms in the employment contract; or when "a worker has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice", according to Section 10(5) of the Industrial Relations Act 1972, as amended.
*N.B. - A shorter notice period may be used if it can be justified.
There is NO QUALIFYING PERIOD for Wrongful Dismissal, so an employee can bring a claim for this at anytime during employment.
hi, i work with a company for 8-9 months and i now receive a termination letter after getting one day notice, can i take legal action against the company ?
ReplyDeletehi, i work with a company for 8-9 months and i now receive a termination letter after getting one day notice, can i take legal action against the company ?
ReplyDeleteCan a employer fire an employee because they stayed home 6 days in two months with approval by them without notice
ReplyDeletewhat if the employee is verbally abused by the supervisor daily...shouting and carrying on. This is a known behaviour and 4 persons have already resigned based on that treatment. Legally, what can the abused employee do?
ReplyDeleteJoin our union (or any other union).
DeleteGood day,
ReplyDeleteI worked at a private institution .I went on maternity leave during this period a person was hired temporarily in my position. While I was on leave my employer contacted me and said that due the slowing down of sales that there would not be a position for me when my leave is over. I complied. Only to learn now that the temporary worker is still working. What are my rights???
Clear case of unfair dismissal. Call our union: 688-4006
DeleteHi... My wife left her job ... And the company paid her a week short of her salary... Is that legal
ReplyDeletehi. recently i was fired over the phone by my employer for reasons concerning my time immediately after an altercation with a security officer who had touched me (either willfully or not). no previous notice was given nor was the reasons sensible. no compensation was given and no NIS has ever been paid by the employer. what steps can i take in venturing forward a complaint for compensation and injustice?
ReplyDeleteGood Day,
ReplyDeleteI am employed with a private company in the point lisas area for the past 2 years, last christmas they closed the company for the christmas period and now the general manager is telling that they are taking out the days the company was closed out of our 2016 vacation.
Is this legal can we the employees fight this decision?
It can be deducted from 2015, not 2016.
DeleteGood day, Can a company change a permanent employee over 5 years service to a contract worker?
ReplyDeleteIf a permanent employee who has been with a company for 10 years suddenly decide to leave the job, middle of the month (monthly paid) gives no notice whatsoever, does this person have a claim to a salary or part thereof?
ReplyDeleteMust be paid up until last day worked.
DeleteOn a temporary layoff of six weeks can an employer give 40 percent of my salary based on the current world downturn but this company has many other companies in other countries in the world
ReplyDeleteNo... that is an unlawful deduction of your salary.
DeleteI was employed at a company for nearly 5 years as an administrator. There was a misunderstanding between the Managing Director (who I worked closely with) and myself. I felt very uncomfortable since the issue regarded finance so being in the state that I was emotionally, I submitted a verbal resignation with immediate effect. My Manager and the General Manager were both present and the Managing Director told me that this was a decision that only I could make. I stood by my word as at the time I felt that emotions had taken over. I cleared my things from my desk and left the office a short while after. During the course of that day I had time to think and re-looked at the situation. I soon felt that I made a bad move and that I should return to work as I needed and depended on my job. I went to work the following day as usual, hoping to make amends with my manager. The Managing Director called me in his office and handed me a letter, it was very abrupt stating that they had accepted my resignation with immediate effect, I was so upset and felt that this was unbelievable. Can an employer just accept a verbal resignation like that...with immediate effect? I was outraged and when I spoke with my family they advised me that I should join the union, which I did. The incident happened in Sept 2014 and the union took up the matter although I joined them after the incident. My question is...am I entitled to any financial compensation or otherwise from that company? Can the union and the Ministry of Labor secure my job back at the company?
ReplyDeleteYou can't resign and then change your mind just like that generally; however, there may be an exception with heat-of-the-moment resignations... but that's for the court to decide.
DeleteHello, my manager sent me to HR after I told him I will not accept him shouting at me and be disrespectful in the way he spoke to me. I was given a warning letter by HR. The manager them did a false evaluation of my performance stating I was a terrible employee, though he has never informed me that he was not satisfied with my performance. Prior to this incident he has always indicated he was pleased with my work and even promised a salary increase effective 1st January 2016. He informed HR that he did not want me working with him and HR stated they will transfer me. I have been home since then awaiting the transfer, and was informed by HR that they are looking for an appropriate position for me since I normally work 9am-5pm because of my commitment to my children have to pick them up from daycare. HR said if they could not find an appropriate position for me they will make my position redundant and pay me severance, to which I stated I will accept.
ReplyDeleteHR called me in today and informed me that there is now a new manager who has agreed for me to resume working with that division, however I will be now placed as a cashier and not a Supervisor as I have been for years within the company. I will be required to work longer days and on Saturdays which is not what I agreed to. I informed HR that this is not appropriate because I do not have anything in place to accommodate this change in work schedule and no one to assist with my children after daycare is closed. HR said it is up to me to accept the position, if not I can choose not to accept but I will not be paid severance.
Can they do this? Demote me, extend my hours of work, and put me in a position that I cannot fulfil since I will have to leave at 5pm and I will not be able to work on Saturdays?
What are my rights, what steps can I take?
Put your grievance in writing to HR.
DeleteI am the HSE representative for a company who demands that employees must reimburse the organization for providing them with certain articles of mandatory PPE. This most often includes safety boots, and the employees are forced to sign an agreement where weekly deductions will be made from their salary until they have completely reimbursed the company after receiving their boots. Knowing that this is illegal, as no employee has less than one month's service with the company, I have not continued with this practice since being employed here. The managing director has discovered that I am issuing employees with mandatory PPE without making them sign the reimbursement agreement and has threatened to terminate my employment. I was also verbally abused for conducting a training session with employees to educate them on their rights to refuse to do unsafe work. If I am fired, what recourse do I have?
ReplyDeleteWrongful dismissal.
DeleteCould a company change it's name and fired their staff
ReplyDeleteOf course not...
ReplyDeleteAn employee resigned his/ her position at minimum waged pay after 19 yrs of said employment. What is the justifiable severance pay the employee should receive from the employer? Note main reason for resigning is the cost of living steadily increasing....
ReplyDeleteThat's not a reason for severance benefits. The employee has no entitlement in this instance.
DeleteIf someone is under probation can the employer dismiss him without giving 2 weeks notice. Please note that he did get paid for the two weeks notice.
ReplyDeleteThis question does not make much sense to me.
DeleteHi I was an employee of Arcelormittal for 23 years permanent service and was terminated without any severance is the legal ?
ReplyDeleteGood night. I worked for a private sector restaurant,I worked as a supervisor and I my contract was not renewed because { I didn't come out to work on my day off when they needed me,and I didn't stay back at times even though they knew I couldn't cause I had a baby, and last but not least I was associating with staff that they had problems with whatever that meant cause I never gathered or went out with the staff, so they called me to there office the next day and bam no notice sent home just like that. I didn't fight cause someone said that cases take years before it can start. Was the employer's to do that under the law of Trinidad and tobago
ReplyDeleteWrongful dismissal... contact our union: 688-4006
DeleteI work for a foreign embassy on a permanent contract for 10 years. The new deputy hates me very much and has taken all my work from me saying am investigation is going on I don't know what for but for a person with 10 years of dedicated service seems as though it's alot of jealousy. Is this a constructive dismissal?. Can I sue this Embassy for wrongful dismissal and discrimination.
ReplyDeleteHi, I have been employed with a general contractor for the past four and a half weeks. We completed the first project and are two weeks into the second project, the projected completion is three to four weeks. I have been having some HSE non-compliance issues. I bought it to his attention, by his response I could tell he was upset. He had a punctuality issue with some of the crew. I had also asked the time keeper questions about the late arrival deductions. All these issues I believe resulted in his decision. (He told one of my co-workers that I was giving trouble and he was replacing me) However after working last evening he informed me that he was making some changes. Some of the guys will be changed and the HSE Advisor will be changed. He didn't give me any warning letter or verbal warning for the unpunctuality, nor did I receive a letter of dismissal nor any prior notice. when he informed me of his upcoming changes he further stated that I could call him in three weeks time if I wanted. One of my co-workers was in the room with me at the time. Is he within his rights? or is this wrongful dismissal?
ReplyDeleteHello, I work for a private company what if a safety officer refused to carry me to see a doctor after reporting an injury and left the same day, the next day my injury became worse and saw me and told me it is my fault.What can I do.
ReplyDeletewhat are the rights for a studying worker in regards to exam dates
ReplyDeleteNone. That's why people use their vacation entitlements during exams.
DeleteI work for a private company on a yearly contract. What is the least number of sick days I am entitled to per year?
ReplyDeleteCurrent legislation only covers minimum wage, but the standard is 10 working days.
DeleteCan employer fire you for not answering your personal phone
ReplyDeleteIs there a law stating that an employee is entitle to 3 days bereavement leave or is it up to the company to decide how many days to be granted instead of three days they can decide on two days.
ReplyDeleteNo law. No obligation to give any days.
DeleteI started working for this company on May 5th 2014 and was given vacation the first year after 1 year net service (5th may 2015) in 2016 it was changed to September 5th. is this legal? without any policy, contract ect the excuse was the first email sent a year ago was a mistake.
ReplyDeleteHi if you are given commission including of your salary can they deduct 25% of your commission just because you called in sick a day?
ReplyDeletecould you state given a re retrenchment letter blaming the local recession u was being paid (under the Retrenchment Act) the truth is refusing to do added work which you are not being paid for and refusing to comply to write false documents what steps can be taken on this
ReplyDeletecould you state given a re retrenchment letter blaming the local recession u was being paid (under the Retrenchment Act) the truth is refusing to do added work which you are not being paid for and refusing to comply to write false documents what steps can be taken on this
ReplyDeleteA false retrenchment is both an unfair (bad reason) and wrongful (bad procedure) dismissal.
DeleteHi i have been working 5 years with a contractor company came and got permanent directly with the company got retrench got paid off was contacted after 4 months by a member of the company requesting for me to return but with the present contractor who has been there for only 3 months i worked one year with that contractor renewed my contract for a year again and was given a termination letter after 4 months with nothing no notice nothing what can i do
ReplyDeleteWithout any punctuation, it's difficult to understand what you're asking.
Deletehttps://www.facebook.com/ttworkersassociation/
HI A MAJOR CONCERN AT Cariflex (1994) Ltd OMeara Rd Arima.... workers have not recieve no payment of salary in 3 months.. they are frustrated ,they have bills to be paid,and all they get is run arounds ...please HELP
ReplyDeleteContact our union: https://www.facebook.com/ttworkersassociation/
DeleteHi I'm employed with an RHA and recently received arrears for 2011 to 2013' however my arrears department told me that money was deducted from my total ($19,000 deducted) because my HR dept have me as no pay leave from 16/05/2014 to 21/08/14 when in fact I was on no pay maternity leave for that said period... The backpay as I said was paid for the period 2011 to 2013. Is it legal for them to deduct money without my consent and for a period outside of which arrears was paid for?
ReplyDeleteAren't you unionised? You have to take this up with the PSA first.
DeleteIf a dr report says the employee is not fully fit for work can the company give him a job paying less
ReplyDeleteIf it's justified; I see no problem with that decision.
DeleteHi, I've been working somewhere for three months after one night of my shift the manager told us our department was closed and not to come to work tomorrow and that someone will call us, the next day no one called we went into to them to let them know that we needed a fair notice period , after which our options were to go to south to work at their other branch or stay at that vary same branch and change portfolios for a lower salary during the meeting I requested that I got everything in writing which was taking place and the ceo of the company told me he's not writing anything nor giving us anything and I walked out of the meeting what are my best options right now ?????
ReplyDeleteI have been employed with an Oil and Gas service company since 2006.
ReplyDeleteSince the start of this year employees have been paid late with no reasoning from management.
June and July salaries have not been paid up till now. What are we to do?
Join a union.
DeleteGood day,i use obscene language towards my acting supervisor which is common because he does the same towards employees, which both goes unreported. now giving his acting position he chose to report my obscene language towards him because workers were laughing at him will this go only as gross misconduct or can it be a form of victimization
ReplyDeleteVictimization. There are many cases like this at the IC.
DeleteThanks alot
DeleteHi where I work I was told I only have 5 days sick leave is this right. Was ill recently and the doctor gave 7 days sick leave what should I do.
ReplyDeleteGood Afternoon, can an employer sibling dismiss an employee from his or her job? (private sector)
ReplyDeleteHi I started a small business the business was in operation for 5 months I had one employee, The business was not getting any jobs to pay the employee or any of it's bills and the business had to stop operation because it had no funds to survive. I am owing the employee two months salary which has not been paid yet. What are my options and consequences?
ReplyDeletePay what you owe or end up in court.
DeleteYou cannot be fired for being pregnant at any time.
ReplyDeleteHi I was fired verbally today because of damage to one of my eye, i was not given any notice or option to be placed in another part of the company.
ReplyDeleteI worked for 10 years
Hi,
ReplyDeleteI was reading an email at work and happen to curse out loud because of the contents of the mail. One of the employees recorded me cursing. Would I get terminated for using obscene language at work say if he plays the tape for HR?
Hi. Can you please tell me what is the maximum amount of notice required by a monthly paid employee to give to an employer before resigning?
ReplyDeleteEmployees don't have to give notice.
Deletegood day,
ReplyDelete17 of my colleagues including myself was call by the permanent secretary today and was told due to the economic downturn, our services are no longer required. Now we have been employed on short term contracts for 4 and a half years. we did take 2days and 5 days break after every 6 months. We were not given any notice or proper reason for our dismissal. Can we take this further?
Absolutely. Contact our trade union: Trinidad and Tobago Workers' Association.
Deletegood night, i would like to enquire the basis on which my previous job let me go. the owner of the company passed away, the new persons taking over, however ensured that everyone had nthing to worry about. my position was manager of one of the branches. six days after my boss' death, two day after we worked hard to help out for his funeral, i was called into a meeting with two of the employees letting me know that i was being let go because they were CLOSING DOWN THE BRANCH, i was paid only for the week i worked. however the next day another person was now managing the branch, that remains open till today. is this right of them?
ReplyDeleteAbsolutely not! Contact our union: Trinidad and Tobago Workers' Association.
Deletei am currently in a situation where i started at a job as a cashier on the second week in September and at the end of September the employer came for the keys and claimed that he locked his house keys in the shop. After that situation he had not contacted me and i decided to contact him and ask him about the key and replied and said that he will work the following day. The day after i was advised to not contact him since he had not paid me and wait till he contacted me. The employer made no attempt to contact me so i decided to contact him. When i did he said that his gf advised him to let me stay home since he has no money to pay me at the moment and that he wants to pay me before i come back out to work, he reassured me that my job is still there and not to worry. It has been a month now and i still have not been paid, he always makes some sort of excuse although he has two jobs. yesterday i contacted him an told him if he is not giving me any information about my pay i will have to take legal action against him. He then proceeded to tell me that if i take him to court i will not be getting all my money and made nasty comments like 'why black people so stupid?' Also he claims that he hasn't forgotten me but yet he never calls or messages me to notify me about the situation. I have been unemployed for a month and i have debts to pay. Can you give me advise on the path to take in rectifying this dilemma ?
ReplyDeleteContact our Union. Trinidad and Tobago Workers' Association
DeleteIs it wrongful dismissal where an employer dismisses an employee for leaving his work post after sending an email to the supervisor alerting to his illness on the job and that he was going home because he is unable to continue to work? It is a shift job, the employee was on the night shift (3-11pm). He worked half his shift before realising he could work no more as a result of him feeling unwell, sent an email to his supervisor (he did not await a response though) and signed out and left the office. He was at this job for 3 yrs and since March, he has been working without a contract. Is this fair?
ReplyDeleteClear case of wrongful dismissal. Contact our union: Trinidad & Tobago Workers' Association
DeleteI received a suspension letter from my employer about using obscene language against customers in the workplace. But the letter states 1 week suspension.
ReplyDeleteCan I assume that this means a week suspension with pay?
Or does that mean no pay ?
Pending investigation is with pay. If you admitted to it or you were found to be guilty, then it should be without pay.
ReplyDeleteCan a worker be terminated if he was accused of stealing from the company,locked up for 48hrs in police enquiries(no proof was found) returned to the job site an was issued a dismissal letter even if they worked at the company 5 years ? Wrongful dismissal or not ?
ReplyDeleteI'm sure you know the answer to that... and I'm sure you also know that I'm handing the matter for those Fine Choice workers.
ReplyDeleteWhat's the time frame a employee has before he takes the employee to labour board
ReplyDeleteThere is no such thing as a labour board. The employee cannot take a matter directly to the Ministry of Labour. The Worker must first join a trade union, who will in turn report the matter. The time frame is 6 months from the day the dispute arose.
Deleteif an installs microphones with camera system in the workplace is that legal ? and if so what are the limits ?
ReplyDeleteI do security for a private firm and i want protection from descrimitetion from my boss and his employer
ReplyDeleteE-mail me.
DeleteCan a privately owned company force employees to pay half the cost for uniforms which they want to make mandatory? The uniforms are being supplied from a sister company. In addition; what if they are only deducting salaries for half the cost of the women's uniforms but not the men's?
ReplyDeleteIf u worked for an organisation for 3years and went on maternity leave and upon my return to work was called to a meeting on the thursday of my second week back to be told that i was going to be retrenched at the end of the month with no prior verbal or written notice. Can i take legal action with regards to wrongful dismissal?
ReplyDeleteDepends... email me.
DeleteI am being paid extra duty since the resignation of a coworker. I went on two weeks vacation and when i came back i still had work to do from the previous month end. one week after completing the work , i am told by the supervisor that they will be cutting my extra duty allowance for the two weeks i went on vacation. My letter given to me did not state any thing about cutting the extra duty when i am on vacation
ReplyDeleteYou cannot expect to receive allowances while on vacation. It's like expecting to receive overtime.
Deleteif an empolyee did not show up work and did inform the supervisor or manger can they be dismissed
ReplyDeleteIf it lasts for more than 3 days.
DeleteCan an Employee present a sick leave from a non medical person? What is the recourse of the employer?
ReplyDeleteAre you sure? It doesn't make sense that a person would obtain sick leave from anyone other than a doctor.
DeleteHi
ReplyDeleteI will like to get some legal advice on the following.
I have been employed with a company from 2011 continuously. I was placed on continuous yearly contracts last year with begins January 1st-December 31st. I have been studying for my bachelors which they are aware off, however my present course requires 6 weeks mandatory practicum starting February. is it illegal for them to fire me if I apply for 6 weeks no pay.
Awaiting your response
Thank you for this blog post it actually couldn't have come at a better time for me !!
ReplyDeleteLabour Lawyers in Pretoria
Good day,
ReplyDeleteI was employed at a well established financial institution for 8 years. There was some irregularities in my operations that "breached the Code of Conduct." I was put on 3 months precautionary suspension with pay. I got dismissed on the 22nd March, but was told I would be paid up until the 20th March, since the dismissal letter was dated then. Are they suppose to pay me up until the 22nd? And should all my deductions to my Group Insurance be reimbursed to me (this includes dental insurance, medical insurance, group life) and also Staff funds and NIS?
hi good day i am asking can an employer demand that every 4-6 weeks a worker must take a week off without pay
ReplyDeleteOn what basis?
DeleteIs it illegal for a company to ask an employee if he is a member of a trade union???? And can a company tell its staff that overtime is mandatory???
ReplyDeleteI am in the private sector,my employer has three months pay for me,I am a permanent worker for 9 years.now he wants to pay us like contractors with out settling my three months pay.What is your advice.
ReplyDeleteI am a contract worker, asking for a job letter that is adressed "To whom it may concern, my payroll person is telling me that she CANNOT adress the letter to "whom it may concern". Is this a normal practice?
ReplyDeleteGood Day, can a private company consistently target specific employees for tardiness, when the majority of employees don't adhere to the timekeeping rules? In other words do employers have the right to single out persons and not apply the rules for others
ReplyDeleteIt can be considered victimisation if this is true and can be proven.
DeleteCan a government department like osha be sued
ReplyDeleteA friend of mine reported a problem on work to osha the boss got angry and he got his son who is a pep to investigate somehow someone in osha told information like what the person was wearing and surveillance camera videos is that legal and what can be done also she asked for a job letter and he refuse to sign it.
Can an employee be terminated for standing up for him self to the boss after being embarrassed in front of customers
ReplyDeleteCan I be immediately be fired if I leave the job for about 2 hours then come back when I suppose to be working?, I'm a yearly contract worker.
ReplyDeleteSlackness.
DeleteHi I've been working at a prominent transport company for almost two years, i was a lorry man, after my 6 month probation I was put in the operations department as an assistant and til this said date I have not signed a letter or any document stating I'm a permanent employee of the company. Now I might be terminated because my significant other was very Ill and I had to stay with her for a week. I informed them that I would have resumed work on the second day of her being ill and in the hospital but I did not as her illness worsened. I didn't inform them either that I would not be attending because I was exhausted more and more each day I spent taking care of her. Today I resumed work and the manager is telling me he wants to see her medical documents so he can believe what I am saying, he is also saying that I could be lying. I.e he wants to terminate me based on my one week absenteeism. How can I proceed?
ReplyDeleteHi I work at a private company and I need to conduct financial businesses but my employer doesn't provide me with my pay slip. Upon request she mentioned that she don't usually do it....... is it mandatory for employers to provide job letter and paslipd especially if requested
ReplyDeleteYou have every right to get a payslip...
Delete