Dismissal

EPCA provides that an employer may dismiss an employee if:

- the employer has a valid reason for doing so; and

- the employer acted reasonably in treating that reason as a sufficient reason for dismissing the employee.

Under the EPCA dismissal can occur in four ways:

1) When the contract under which the employee is employed is terminated by the employer, with or without notice. In the case of seafarers this is modified in three ways. Dismissal of a seafarer occurs:

- When there is no company service contract, when the seafarer is signed off the crew agreement;

- Where there is a company service contract, when notice is given in accordance with the terms of that contract; or

- Where there is a company service contract, when that contract is terminated without notice by the employer after a case of gross misconduct by the seafarer/

2) When the employee’s fixed-term contract expires without being renewed.

3) When the employee has reason to resign because of certain conduct by the employer (constructive dismissal).

Words and expressions to be remembered

Entitlement – право

Remedy – возмещение

Dismissal – увольнение

Redundancy rights – права во время безработицы

Grievance procedure – процедуры разрешения трудовых споров

Gross misconduct – злостно неправомерное поведение

Company standing orders – правила процедуры компании

Remuneration - вознаграждение, оплата, компенсация

II. Fill in the application form

APPLICATION FORM

Personal Information

Documents