#TheHeartOfLaw With FBI

IS THERE A DIFFERENCE BETWEEN DISMISSAL AND TERMINATION OF EMPLOYMENT?

Is There A Difference Between Dismissal And Termination Of Employment?

Yes.

In the case of 7UP BOTTLING COMPANY PLC V. AUGUSTUS (2012) LPELR-20873 (CA), the Court of Appeal stated the difference thus: “It is trite that ‘dismissal’ of an employee by the employer translates into bringing the employment to an end while under ‘termination of appointment’, the employee is enabled to receive the terminal benefits under the contract of employment.

The right to ‘terminate’ or bring an employment to an end is mutual in that either party may exercise it. ‘Dismissal’ on the other hand is punitive and depending on the contract of employment entails a loss of terminal benefits.”

So dismissal comes without terminal benefits and is always a sort of punishment but termination usually comes with terminal benefits.

– First Baba Isa (FBI) is the Principal Partner of FBI LEGAL

The Heart of Law is an exclusive daily law series of FBI LEGAL; Suite 071, Trinity House, Mabushi, Abuja. [email protected],
07037162029 (WhatsApp),
08094442804.
Twitter: @firstbabaisa