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employee with company for 16 years, went on sick leave two years ago, came back on a contract basis a year ago, contract ended, works occasionally, have had a harassment claim against them as well as they are badmouthing company. What ground for dismissal do we have and does it get based on 16 years or contract year. What grounds do they have if they say its because they were sick? This is not the reason, they have had written warnings on behavior in the past
Given that this particular employee has had medical issues and has been on a medical leave, it is important to have a well-informed plan with respect to dealing with the termination of this person's employment. The questions you've posed, such as whether the employee can be terminated for cause (and without notice or pay) and how to calculate any notice period, is heavily-dependent upon the specific facts. Therefore, I strongly recommend that you contact our firm to discuss this matter further and to determine how we can best assist you navigate through this situation.