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Wrongful termination, also known as unfair dismissal or unlawful termination, exists in the workplace when an employee is discharged from employment for illegal reasons or if employer’s termination policy/contractual terms are violated. In South Sudan, labour rights including the rules and conditions relating to termination of employment, is regulated by the Labour Act 2017. This legislation outlines what constitutes wrongful termination and provides guidelines for employers and employees alike.
It is essential to consult a lawyer if you suspect your termination was wrongful. Legal assistance is recommended in the following scenarios:
- If you believe the reasons given by your employer for your termination are false- If you have been fired due to discrimination or retaliation- If you were not given appropriate notice or pay in lieu of notice
In South Sudan, the Labour act 2017, chapter X focuses on Termination of Contract. Key principles include:
- The employer should provide a valid reason for termination related to the capacity or conduct of the worker.- If employees are dismissed for reasons of misconduct, a fair hearing should be conducted.- Termination should never be based on unjustified reasons such as union membership, race, religion, etc.- A notice period of at least 28 days or pay in lieu of notice should be given/compensated.
Wrongful termination is when an employer dismisses an employee in violation of their legal rights under contractual or statute law.
Yes, if you have strong proof that your dismissal contravenes the law, you may be able to sue your employer.
Typically, you'll need documentation or witness testimonies that confirm the cause of your termination and any related incidents.
It can include lost wages, reinstatement, reputation damage compensation, punitive damages, and legal costs.
It can take months to several years depending on the complexity of the case, evidence gathering, court schedule etc.
Unless you committed gross misconduct, employers would typically need to abide by the legal or contractual notice requirement.
No, it is unjust and illegal to fire someone because they are sick, provided the sickness is authentic and certified.
Yes, if the verbal abuse is creating a hostile work environment leading to dismissal, it may be seen as wrongful termination.
Discrimination, retaliation, refusal to commit an illegal act, reporting wrongdoing or "whistleblowing" are all common reasons.
Consult a lawyer, gather all relevant communications, documents, and identify potential witness. Also file a claim with your local labor department.
The Ministry of Labour, Public Service and Human Resource Development and their local offices can provide necessary guidelines and support on the matter. Labor unions and online forums can provide additional advice and guidance.
If you believe you've been wrongfully terminated, start by consulting with a lawyer who specializes in labour law. Organize all relevant documents and communications related to your termination. Identify potential witnesses who could support your claim. After you've gathered all of your evidence, your lawyer can guide you in filing a case against your former employer.
