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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What are the key legal points regarding the termination of employment? If a contract of employment is terminated by mutual consent, is an employee still entitled to claim unfair dismissal? Can an employee claim unfair dismissal on expiry of his or her fixed-term contract of employment? How much notice is a resigning employee required to give his or her employer? Can an employee retract his or her resignation? What options does an employer have where an employee who has resigned begins to underperform during his or her notice period? Can an employee claim unfair dismissal if he or she has resigned? Where an employee resigns, can the employer pay the employee in lieu of his or her notice period? Are there any possible repercussions for an employer that persuades an employee who has resigned and accepted an offer with another employer to stay? How can an employer prevent a possible discussion about a compromise agreement resulting in a claim for constructive dismissal? Are there any circumstances in which a contract of employment can end without resignation or dismissal? Can an employer dismiss an employee because he or she is in prison? Can an employee claim unfair dismissal where a contract that was entered into for the completion of a specific task comes to an end? Must an employee have been employed for a particular period of time before he or she can claim constructive dismissal?
The dismissal of a temporary employee recruited to replace a permanent employee who is absent from work on maternity leave will be treated as fair so long as the temporary employee is advised in writing, before his or her employment begins, that the appointment is for that specific purpose and that the contract will be terminated once the regular employee returns to work, and the correct procedures are carried out.
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