INTRODUCTION
The relationship between an employer and an employee is governed by both statutory law and contractual agreements. The primary purpose of such regulation is to uphold the sanctity of the employment contract, which establishes a legally binding relationship between the parties based on mutually agreed terms. As with other forms of contracts, an employment contract may be terminated when its performance becomes impossible or when party elects to end it in accordance with the provisions of the agreement.
Termination of employment differs fundamentally from dismissal in both legal and procedural aspects. Termination is a right available to both the employer and the employee, typically requiring prior notice and often entitling the employee to certain post-employment benefits. Conversely, dismissal is a unilateral action exercised solely by the employer, with no obligation for notice and no entitlement to post-dismissal benefits. This article examines the legal framework governing termination and dismissal, highlighting the key considerations employers must take into account when deciding between these two courses of action.