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October 8, 2006

Termination Simpliciter

Filed under: Industrial Relations and Employee Relations

Termination Simpliciter means a termination by contractual notice and for no reason, not grounded on any just cause or excuse.

 

Whether Termination Simpliciter Acceptable as Valid in Industrial Law?

 

"…It was also alternatively contended for the Company that it was a term of the claimant’s contract of employment that the claimant’s services could be terminated with one month’s notice or payment in lieu thereof, "in accordance with which term the service of the claimant was terminated". But this point of law has been settled for some years now: what is known as termination simpliciter is no longer acceptable in the industrial law, the termination of the employment of a workman contractually, if not based on just cause or excuse, would still be dismissed without just cause or excuse. (Pembenaan Hashbudin (M) Sdn Bhd v. Thambipillai Sivagnanam - Award No: 247 of 1987).  

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