Recently Answered Question

Barrister Naveed Khan

LLB (Cardiff)(UK)
LLM(Masters in Law, UK)
Advocate High Court
Experience: +9 years

Mr. Naveed Khan is a Barrister of the Honorable Society of Lincoln’s Inn. He has a master at Law degree in corporate commercial laws from University of Cardiff, UK. He has a diverse portfolio. Expert in Family, corporate and immigration matters.

Question:

Dear Sir/Madam: If the appointment letter says ONE year contract and the organization terminates a person before that, to what extent the victim can defend his/her stance? I am talking about a public sector organization under MOST. Thanks for consideration and hope to hear from you soon. Best Regards, Fahim
01:41:10 PM - 24th Jun 2017
Thank you for your message. Can you please share your contract with us so we can look at other clauses which govern termination of contract. Thank you.
03:35:28 PM - 24th Jun 2017
are you online?
04:23:38 PM - 24th Jun 2017
Dear Sir, I am finding it difficult to upload files. However, you may access them by visiting the following links: Contract: https://goo.gl/YyKTH5 Termination: https://goo.gl/uhvTVF Thanks for consideration. Best Regards, Fahim
05:18:08 PM - 24th Jun 2017
I have looked at the files
05:24:46 PM - 24th Jun 2017
This is a temporary slot and the letter of appointment stresses on the fact that position is of temporary nature. The post may be of a permanent position but they have filled it with a temporary contractual employee. Whether they can do this, needs further research. But if they can engage temporary contract workers, then there is nothing wrong. I assume that you have been given 30 days notice or pay in lieu thereof as required by termination clause under contract.
05:28:48 PM - 24th Jun 2017
Thank you for your response. Well, there was neither any prior notice nor a 30-days payment given. I hope you noticed following facts: Job Offered: 22-August-2016 (Joined 26-August-2016) Termination: from 30 June 2017 (Letter issued on 22 June 2017), So, having said so, do i have any legal justification to defend my stance to continue serving till 26-August-2016? Thanks
06:00:25 PM - 24th Jun 2017
I noted that so I asked you. Yes you are entitled to a 30 day pay or 30 day notice before termination.
06:04:49 PM - 24th Jun 2017
They have the right to terminate your contract as per the contract you have showed me without assigning any reason but must give 30 days notice period or if they want to terminate immediately then must pay salary of 30 days.
06:07:00 PM - 24th Jun 2017
Thanks you Barrister Naveed! The information you provided is indeed very helpful. So, to protest for such flaw, should we write to them asking for the reasons or how can we defend our stance?
11:10:39 PM - 24th Jun 2017
Yes. Please raise the issue with your employer orally as well as by writing an application. I have no doubt that they will honour the contract. If they fail to do so, you may have the same letter sent through a lawyer.
11:39:23 PM - 24th Jun 2017