ABSTRACT
Termination of the contract of employment may occur in a number of ways:
death;
mutual agreement;
expiry of fixed term contract;
frustration;
dismissal.
Where an employer terminates the employee’s contract, a minimum period of notice should be given. The period of notice will either be that stated in the contract of employment, or in s 86 of the ERA 1996. The period of notice is as follows:
employment between one month and two years – one week’s notice;
employment for more than two years – one week’s notice for each year of employment, subject to a maximum of 12 weeks (s 86);
either party may waive their right to notice;
wages or salary may be provided in lieu of notice;
an employee may be dismissed without notice for serious misconduct.
