Termination at Work: Understanding Compensation Rights

Experiencing a sudden termination from your job can be both alarming and bewildering. However, did you know that in certain situations, you might be entitled to significantly more than just two months’ worth of compensation?

Unjust Dismissal and Compensation Entitlement:

In circumstances where an employee is dismissed without valid reasons, it’s crucial to comprehend that the compensation you’re owed might extend far beyond the initially offered two months’ salary. In fact, the law may grant you the right to claim up to a maximum of 24 months’ worth of wages!

Legal Recourse:

Your recourse in such a situation is the option to file a claim against your employer in the Industrial Court. Unlike traditional courts, the Industrial Court operates with a focus on fairness, conscience, and substantive issues. Technicalities and legal formalities take a backseat to these core principles.

Computation of Compensation:

The computation of unpaid wages stretches from the day of dismissal until the final adjudication in court, allowing for a maximum compensation period of 24 months in most cases. However, for employees under probationary periods, this period is usually capped at 12 months.

🔥 Additional Compensation:

• If your tenure exceeds one year, you may be entitled to an additional month of compensation.
• For employees with a service duration surpassing 9 years, this could extend up to an additional 9 months.
• Remarkably, those who have dedicated over 10 years of service might be eligible for extra compensation ranging from 10 to 34 months.

🙋‍♀️ Appeal Procedure: Should either party dispute the ruling, there’s a window of 14 days from the verdict date to appeal to the High Court. If no appeal is lodged, the ruling stands as the final decision. Any outstanding compensation or unpaid wages can be enforced through a court application.