When the Employment Act (Amendment) Bill ("EA") was released in October 2018 (click here to read more), the issue that sparked the most discussion was the ability for an employee to bring wrongful dismissal claims against the employer (i.e., a claim that the dismissal was "without just cause or excuse").
While it was clear from the proposed amendments the circumstances in which an employee could bring a wrongful dismissal claim - effectively, all circumstances - there was little guidance on the circumstances in which an employee could bring a successful wrongful dismissal claim.
Now that the amended EA is in effect (from 1 April 2019), two questions continue to be relevant: (i) what constitutes a wrongful dismissal and, conversely, what constitutes an "acceptable" ground for dismissal, and (ii) what are the possible outcomes of a successful wrongful dismissal claim?
Both the Tripartite Guidelines on Wrongful Dismissal and further amendments to the Employment Claims Regulations released earlier this month provide some helpful guidance on the above issues.
However, as is the case with most newly established regimes, employers may expect to continue to encounter some degree of uncertainty when dealing with a wrongful dismissal claim under the EA.
For more information, you can download the full alert here.