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Unlawful termination of contract - South Africa

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  • Unlawful termination of contract - South Africa

    Am from Zambia and was offered a job in South Africa last November. I was offered a conditional offer contract which was subject to me passing the risk assessment test. One of the conditions was that should the employer discover that my qualifications presented to the company are INACCURATE in any manner my contract will be terminated. I presented my accurate qualifications to the company. But during their verification process, their attempts to contact a big organisation in my country that administers High school examinations so they can verify my high school results failed. This is due to inefficiencies of government funded institutions. Now the person who is suppose to be my boss wants to use this failure as a reason to terminate my employment. He has no reason whatsoever to prove that my records are false and i know my records are 100% correct. My question is does failure of the organisation to contact the examination board of my country (which exist and i can help them with verification if asked to) render my academic record inaccurate? And is there anything I can do legally to prevent this boss who has been looking for an excuse to get rid of me from going ahead with the termination? Thank you.

  • #2
    re: Unlawful termination of contract - South Africa

    I wish to inform you that you can seek compensation for breach of employment contract. In this regard your employment agreement will determine your rights and amount of compensation. Further a written notice of termination must be provided under Section 37. Further if you are dismissed without a valid reason or without a fair procedure then you may approach the CCMA for assistance.

    AFF

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    • #3
      re: Unlawful termination of contract - South Africa

      There are multiple types of damages which may be recovered in a contract depending on the state in which you are located. Legal damages are available if the contract was terminated due to a breach. These damages will attempt to put the parties back in the position they would have been in had the contract not been terminated. Equitable damages are available when legal damages are insufficient to put the parties in their original position. These damages include specific performance such as returning unique property that was subject to the contract.

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