Termination and Dismissal

Please enlighten me on the following:-
1) The difference between dismissal and Termination.
Dismissal usually is a term used if the termination of employment is without any notice. The company can dismiss the employee service after follow up with proper disciplinary procedures or serious offences by the employees.

Termination usually is a term used if the termination of employment is with notice. It is a termination if the company give the employee 1 month notice (or whatever period as stated in the letter of appointment) or salary in lieu of notice.


2) We have an employee who was absent from 09/10/2009 up to present date.
a) Can we terminate him and is there is a letter sample we can use?
If he/she does not obtain official approval for leave, or did not contact the employer or did not provide any proper medical documentation, you can dismiss the service after 3 days of absents (according to Employment Act).

Meaning to say that you can dismiss the employee service on 13 Oct (3 working days of absent, if his off/rest day is on Saturday and Sunday)

b) Must he pay us the 1 month notice in lieu. If he doesn't pay what other alternative is there for the Employer?
He need not pay the employer one month notice, but all his leave entitlement shall not be encashed

c) What should the effective termination date be?
On the 3rd working days from his absent, 13 Oct 2009, if his off/rest day is on Saturday and Sunday.

d) At what date shoud we issue the termination letter
As mentioned above.
If he has missing in action, you should call him back to office and serve him the letter of dismissal. If he refuses or you are unable to contact him, you may send the AR registered mail to his correspondence address.