Helpful tips

Does termination mean eviction?

Does termination mean eviction?

A termination of tenancy is different than an eviction. A termination is the landlord ending the rental agreement and asking the tenant to vacate the rental unit. An eviction is the actual court process and lawsuit to have a tenant removed from the property if they fail to leave.

Can a contract of employment be terminated on notice?

Does a clause in a contract of employment to the effect that it can be terminated on notice provide a basis that the employer and employee mutually agreed in writing to the termination of the contract? No.

When does an employer have the right to terminate an employee?

However, the right is now heavily regulated by Section 12 (4a) of the Act as amended. The employer can only terminate on notice if the termination is in terms of a code of conduct; or the employer and employee have mutually agreed in writing; or when the worker is employed on a fixed term contract; or the termination is pursuant to retrenchment.

Can a employer take action against an off-duty employee?

Some states, including California, have laws prohibiting employers from taking any job-related action based on a worker’s lawful conduct off the job.

Can a employer retrench without a notice of termination?

Amendment number 5/2015 repealed a provision in the old Section 12C of the Act which expressly provided that no employer shall retrench any employee without affording the worker the notice of termination to which the employee is entitled — See Garikai v Zimasco SC46/96.

What happens if an employer Evictions An employee?

For example, an employer and employee agree that the employee will do the required work and employer will provide the necessary working conditions, as well as pay the employee for the work done. However, there cannot be a guarantee of continued employment or tenure.

Can a person be evictioned for breach of contract?

Accordingly the purported termination of their contracts of employment was unlawful and they were entitled not to accept it but to decline to work further until the employer remedied its breach of contract. In the result the application for their eviction failed.

What can cause an employer to terminate an employment contract?

The very nature of the “at-will” precludes any claim for a prospective benefit. Either employer or employee may terminate the contract at any time. Good cause for termination includes lying, fighting, destroying company property, inability to perform the duties of the job, and insubordination.

Can a landlord evict an employee of a custodian?

Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy is conditional upon employment in and about the premises. Management should draft a written agreement stating that employees are not residents; the agreement is not a lease and the time frame for vacating the unit following termination.