ABSTRACT
The employment contract may be brought to an end in a number of ways: the employee may be dismissed outright by the employer; he may opt to leave the job; or the law may operate in a way which results in its termination. The particular circumstances of the case will determine the applicable legal precepts which will apply and the subsequent consequences for the parties to the agreement. In this chapter we will focus on the common law provisions which affect the termination or discharge of the employment contract. When positive action is taken by the employer, the concept of wrongful dismissal (also referred to as unlawful dismissal and summary dismissal) arises. Where the end of the employment occurs by virtue of employee action, constructive dismissal and resignations are in issue. In other instances (such as frustration of the contract, mutual agreement, or the death of either party) technically neither of the parties is culpable in the ensuing conclusion of the employment relationship. Whatever modality prompts the contractual termination, it is important that one is cognisant of what legal construct is at play, since this directly impacts on the remedies available to an aggrieved party. 1 This is especially true when viewed in the light of statutory interventions in the employment law fi eld which provide alternative remedies for unfair dismissal (also referred to as unjustifi able dismissal) in some jurisdictions.
