Termination Entitlements

Last activity 09 December 2013 by tomriddle

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hansjonbayerNew member03 December 2013 23:47:01

Good day! I have a colleague who has been in a company here in png for almost a year now. He has passed his probationary (3 months) and had a good satisfactory performance.He was terminated recently without any due cause. In fact his boss told him that he works well its just that he wanted another nationality for the position.His work permit will end on December 2015 supposedly. What are the entitlements that he can get being a permanent employee with no due cause for termination. This will help my friend a lot.

stumpyLaos Expert04 December 2013 01:08:45

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tomriddleMember09 December 2013 21:23:06

Entitlements would depend on the contract. Normally there would be unused annual leave to be paid, and there would normally be a notice period specified.

Good luck with enforcing clauses in the contract though. If the company doesn't want to pay then you won't have much luck.

All expatriate workers should be aware that they really aren't covered by the Labour Act here.

CCH publishes the PNG Labour Act and they have the following commentary :

"Moreover, it seems that the Employment Act does not apply to non-citizens (Atlas Plant Hire Pty. Ltd. v Beck (1984)"

"...It seems that persons exempted from the provisions of the Act would have to rely on their common law rights (if any).