Termination of Employment (Employer’s Onus of Proof.)

The decision to terminate employment should have a clear, identifiable chain of reasoning.

(i) Such would clearly identify the legitimate business reasons for taking the particular course of action.

(ii) Also, identify who participated in the decision making process.

(iii) It is unfair to the employee(s) concerned to not disclose the factual basis which formed the reasons which gave rise to the termination of employment.

(iv) If the termination is challenged, the onus of proof is on the employer.

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