An employee can obtain compensation for unjustified dismissal – Legal Expert

A legal scholar, Lamtiig A. Apanga, says employees whose contracts have been unfairly terminated or forced to resign from their workplace can sue their employer and be compensated.

According to him, the labor law provides requirements and conditions under which employers can terminate contracts.

speaking on The Law of JoyNews On Sunday, Mr. Apanga said some employers were preventing workers from quitting.

“If the employer continues to harass him without being serious, he should resign but if he resigns, he has a legal basis to make a constructive dismissal case against his employer because in this situation, it is the employer who asked him to resign,” he said.

Mr. Apanga explained constructive dismissal as a situation where the employer makes it difficult for the employee to continue working in the organization.

He explained that “the employee is obliged to leave the workplace. You are frustrated to work, employers take away the resources you are supposed to work with and create working conditions that make you feel unwelcome.

The legal expert said that even though in such cases employees can submit a letter of resignation, they can still bind the employers as prescribed by Article 63, Subsection 4 of the Labor Act.

The law states that a worker’s employment is deemed to have been unfairly terminated if the worker terminates the employment contract due to mistreatment of the worker by the employer, having regard to the circumstances of the case.

The discussion focused on the theme “The employment contract”.

Meanwhile, Mr Apanga urged Ghanaians to be wary when putting their signatures on employment contracts.

The legal expert advised prospective employees to pay close attention to dismissal and furlough terms in their employment contracts.

According to him, such conditions can be triggered at any time and should therefore be read carefully before signing.

“We must pay attention to everything, but particularly to the conditions of dismissal, leave. These are conditions that can be triggered at any time, to your advantage or disadvantage. If you don’t pay attention to the wording of those terms, under your terms of employment, it could come back to stalk you,” he said.

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