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411 termination by notice notice is a pre determined

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4.1.1 Termination by noticeNotice is a pre-determined date or period whereby the contract is to run or expected to end, asagreed by the parties. Termination by notice thus involves the invocation of a predetermineddate or period in order to bring an end to the contract. This may be contractual, based on theagreement of the parties, or statutory.4.1.2 Termination by operation of lawTerminationby operationof lawhappenswhere certainevents recognizedbylawmake performance of the contract impossible or change its character. There is no exhaustiblelist but examples include death of the employee or employer, dissolution of a partnership orliquidation of a company, sale of a business, bankruptcy, frustration and redundancy.4.1.3 Termination by agreementThis may happen by mutual agreement of the parties normally involving a financialsettlement. The agreement extinguishes all obligations under the contract and sets the partiesfree. Such agreements are normally mutual and may be used where parties wish to separatewithout undue publicity and seek to maintain confidentiality or peace.4.1.4 Termination by paymentTermination by payment involves a financial settlement that is equivalent to an applicablenotice period or such other criteria agreed by the parties.4.1.5 Termination by DismissalAt common law dismissal is when the employer terminates the employment contract with orwithoutnotice. TheZambianjurisdictionconsidersadismissalasterminationofemployment on disciplinary grounds. Statutory modification of the law has also recognizedtwo other instances of dismissal which are constructive and unfair dismissal. The statutory
dismissal regime is subject to the employee meeting the requisite continuity period set in thestatute. The dismissal types and their legal consequences are explained below:4.1.5.1 Summary DismissalThe employer terminates the contract of employment summarily without giving noticebecause of gross misconduct, negligence or incompetence by the employee (Read the case ofAgholor v Cheese brough Pond's (Zambia) Limited). Summary dismissal in Zambiantakes place only after the employee has been given an opportunity to be heard and foundguilty. The dismissalcanthenbeeffected withoutgivingtheemployee noticeofterminationof employment. The notion of “instant dismissal” which is held in some casesassumes a situation where the employer is at liberty to dismiss the employee without beingheard.Section 50 of the ECD states as follows:(1) An employer shall not dismiss an employeesummarily except in the following circumstances:(a) where an employee is guilty of gross misconduct inconsistent with the express or impliedconditions of the contract of employment;(b) for wilful disobedience to a lawful order given by the employer;(c) for lack of skill which the employee, expressly or impliedly, is warranted to possess;(d) for habitual or substantial neglect of the employee’s duties;(e) for continual absence from work without the permission of the employer or a reasonableexcuse; or(f) for a misconduct under the employer’s disciplinary rules where the punishment issummary dismissal.

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