Christmas time, What is the impact on Employment law

At the end of a peculiar year, it is worth reflecting on what this time brings to employees.

The pandemic has given rise to considerable stress to businesses and the stress has passed through to the employment relationships between employer and employee. Generally the employee is most at risk given that an employer will downsize, cut costs and do whatever it believes will enable the business survival.

This is not good news for employees.

Christmas time, usually a time of cheer, can also be a time where a business may wish to shed employees and avoid its responsibilities for paying the statutory holiday payments over this time. Again this is not good news for employees. Particularly as businesses are not employing at this time.

Whilst the employer has considerable latitude in arranging its business affairs, when it comes to its employees it is bound act in good faith (section 4 of the Employment Relations Act, 2000). This means that it must have a good reason if it wishes to terminate an employee’s employment and it must follow a fair process.

Employees who have lost their employment at this time would be well advised to have a specialist check that the employer had a valid substantive reason to terminate the person’s employment and, depending upon the reason for termination, followed the appropriate procedure.

The Employment Relations Authority, in its recent determinations, have made it clear that notwithstanding the extraordinary times we have endured during 2020, employers are not excused from treating their employees fairly.

It is very likely that during 2021 the financial effects of what occurred during 2020 will be felt. This means that more businesses are going to find themselves under financial stress and as stated above, this stress will be felt more directly by employees.

Employment Equity Ltd is well placed to provide expert advice regarding the protections available to employees who have been unjustifiably dismissed. NO WIN NO FEE. Free Employment and Dispute Advice.