Termination contract

Has anyone terminated their DH without notice? In the guidebook, it says that there are circumstances under which an employer can terminate the DH without notice. One of the conditions is that if the DH "willfully disobey a lawful and reasonable order." Well, my DB, in defiance to my warning about her slacking off, didn't return home the night of her day off (I have the SMS she sent me telling me she's not coming back until the next morning). When she showed up the next morning, we told her she's determinated without notice. Of course she refused to sign the termination letter and insisted that we pay her one month salary. We plan to fax the termination letter to Immigration with only our signature regarless. We also plan to inform the Labor Department. Does anyone have any advice to offer? I know in many cases, DHs are often victims of abuse, but in this case, I really feel that my DH has been taking advantage of my situation thinking that because I have only given birth a week ago and can't afford to lose her so she's been pushing her luck with me for the past month.

First off, it doesn't sound like you are unreasonable in terminating your DH if she has been slacking off and you have warned her.


However, she is allowed 24 hours off, not just the day. She may in fact stay out overnight and is not technically required to report for work until she has to start on Monday morning. Staying out overnight is not "slacking off" unless accompanied by an inability or reduced ability to work the morning after. (I am assuming here that she has the usual routine of free from Saturday evening until Monday morning.)


My gut feeling is that this might become a bit of a problem with your argument, since she may say that your order for her to return was neither lawful nor reasonable. It would be good if you have other "evidence", including warnings signed by her. Note that I'm not saying that you are wrong, just that your argument has weaknesses vis-a-vis the law.


One option is of course to just pay for the month and thus protect yourself from a lot of hassle. Even if you shouldn't have to it might be the easiest course of action.




BTW are we talking this particular weekend, with extra days off, or another weekend?

Axptguy38, my DB left around 9:00pm Saturday night after dinner and agreed to return Sunday night at 9pm, but she informed me at 8:30pm Sunday night that she would not return until 7:00am Monday morning. Now that's more than 24 hours. The worst part of it is that she knew that would promp me to fire her which was exactly her plan. I will try to speak to Immigration and Labor department. Thanks a lot for your advice.

That is indeed more than 24 hours. I'm just wondering if that is enough reason for early termination, even if she did agree to come back. Not sure. Did she have to work that evening after coming back?

Fluery, I think you may have a little trouble.

Remember you don't have to convince us you are right in your actions ("Now that's more than 24 hours" - we all know this) you have to convince the Labour Dept you were right in terminating her employment without notice.

Without knowing all the story and I think there is more, it seems that you are angry because she never returned at 9:00pm even though, as axptguy has correctly pointed out, she didn't have to.

Did you have a non-standard contract where she has to work on Sunday evenings?

Whatever the outcome is, you can never work with her again. I don't know how you and your DH can share the same house, so I think as what was suggested, just pay her out and close the door.

I think there must be some other issues with this helper, slacking in her work, and a breakdown of communication, and perhaps, her returning on the Monday was the 'straw which finally broke the camels back', so to speak, which if she had previously said she would be back at the employers house on the Sunday evening then sent a text, not even had the courage to phone, is disobediant, and if she had,warnings about her work etc, and didn't improve then she cannot have been really wanting to make an effort for her employer, shows she has no respect. However it would have been better if these warnings had been written, not verbal.

It is fair enough if communications break down so badly to terminate her, as long as you give her all the required pay, tickets etc, and boarding house rental, until she leaves the country, and make her sign for anything you give her preferably with an independant witness.

I have terminated a DH without notice before. You are quite within your rights to do so. Your order was perfectly lawful, PROVIDED that she had been clearly told that her 24 hours was from 9pm Sat until 9pm Sun. Contrary to Bob's comment the the only people that you have to convince are the Labour Department, if she goes to them to argue that she has been unfairly terminated and makes a claim.


They are very fair, but unless the evidence is very clear, for example, her text says " although I was supposed to be back at 9pm, I won't come back until 7am tomorrow" (which I doubt it does), or that he time off was always 9pm Sat to 9pm Sun (and hopefully documented), then it would seem to be arguable, her words against yours. In which case the Labour Department is likely to suggest you pay her a month in lieu (I speak from experience) to close the chapter. It also takes several hours out of your time to travel to the Labour office (in the back of beyond), sit and wait and then go and explain your case, and is a right pain up the backside.


As suggested by others, you obviously don't want her around, so just pay her a month in lieu of notice, flight cost, travel etc and point her straight out of the door. It will be the best four or so grand you will have spent. No hassles and a fresh start. And you don't have to pay for an boarding house if you pay her a month in lieu. That's her concern.


And make sure that you explain on your letter to immigration that she was released early because she failed to improve following warnings etc, willfully disobeyed a lawful instruction etc.


And do not give her a reference.