The employer asserted that its business was slowing down and that it dismissed the complainant on the ground of redundancy. Was the complainant’s dismissal found valid?
The employer is charged with the burden of proving that its conduct and action are for valid and legitimate grounds and that the transfer is not unreasonable, inconvenient or prejudicial to the employee. If the employer cannot overcome this burden of proof, the employee’s transfer shall be tantamount to constructive dismissal.
Will this employee’s refusal to be promoted constitute a valid cause for dismissal?