have an employment contract for an unspecified time. My employment contract requires my employer to give me three months’ notice if he wants to terminate my employment. I received termination notice from my employer last week. I would like to know when the limitation period will start running against me. Will it start after the expiration of the three months’ notice or from the day I was served with the notice?
According to rule 10(1) of the Labour Institutions (Mediation and Arbitration) Rules, 2007 an employee who believes to have been unfairly terminated has the right to refer his complaint to the Commission for Mediation and Arbitration within thirty days from the date of date of termination or the date the employer made a final decision or uphold the decision to terminate. So the time starts running against an employee claiming to have been unfairly terminated from the date he/she ceases to be employee and not the date he/she was served with a termination notice. If the termination notice is three months’ notice, the time will start running from the date of expiration of the three months because that is the time one will be deemed to have been terminated from employment.