1988 Ed.]
Employment
[CAP. 57
15
subsection (1) as is proportionate to the period between the termination of the contract and the time when the notice given would have expired. (Amended, 44 of 1971, s. 3)
(3) In the case of an employee whose remuneration is calculated by the piece or task the amount of wages which would have accrued to such employee during the period of notice referred to in subsection (1) shall be deemed to be the amount of wages earned by the employee during the equivalent period immediately prior to the giving of the notice or, if for any reason it is impracticable to compute the amount in this manner, it may be calculated by reference to the amount earned during such equivalent period by a person in the same trade or occupation at the same work in the same district.
(4) Notwithstanding any other provision of this Ordinance the term "wages" shall, for the purposes of this section, be deemed not to include overtime pay.
Saving of rights
8.
Nothing in section 6 or 7 shall be taken-
(a) to prevent either party to a contract of employment from waiving, at the time notice is required to be given for the purposes of section 6(2), (3) or (3A), his right to notice or to payment in lieu of notice; (Amended, 48 of 1984, s. 5)
(b) to affect the right of a party to a contract of employment to terminate the contract without notice or payment in lieu under section 9, 10 or 11(2).
Damages for wrongful termination of contract
8A. (1) Without prejudice to section 9, 10 or 11(2), where a contract of employment is terminated otherwise than in accordance with section 6 or 7, a sum equal to the amount of wages which would have accrued to the employee during the period of notice required by section 6 shall be payable by the party terminating the contract to the other party.
(2) Without prejudice to section 9, 10 or 11(2), where a party to a contract of employment, having given proper notice in accordance with section 6 thereafter terminates the contract before the expiry of the period of notice otherwise than in accordance with section 7, such proportion of the sum equal to the amount of wages which would have accrued to the employee during the period of notice as is proportionate to the period between the termination of the contract and the time when the notice given would have expired shall be payable by the party terminating the contract to the other party.
(Added, 14 of 1975, s. 2)
Termination of contract without notice by employer
9. An employer may terminate a contract of employment without notice or payment in lieu-
(a) if an employee, in relation to his employment-