Remedies against unfair or unlawful termination without notice
July 18, 2011 Leave a comment
Irrespective of the kind of the employment contract, if it was terminated without notice in an unfair or unlawful manner, the employee may file for:
- reinstatement to his or her previous position or
The choice of the remedy to make use of belongs to the employee.
The amount of damages depends on the kind of the employment contract:
- if an employment contract for indefinite time was terminated without notice, the damages equal, as a rule, to the employee’s wages for the applicable notice period;
- if an employment contract for definite time was terminated without notice, the damages equal, as a rule, to the employee’s wages for the time, until which the terminated employment contract was supposed to last, though for no longer then 3 months.
The court may award damages even if the employee demanded otherwise if it is found that, despite the termination being unfair or unlawful, it would be impossible or purposeless to continue employment.
Specifically in relation to employment contracts for definite time, sometimes the employee may be entitled to damages only. This restriction applies in situations where the period for which the employment contract was supposed to remain in force has already lapsed or where the period in question is so short that reinstatement seems inexpedient judging by the facts of the case.