Define: Ex Justa Causa

“Ex justa causa” is a Latin term that translates to “for just cause” in English. It refers to a legal principle that allows an employer to terminate an employee’s contract without notice or severance pay due to serious misconduct or breach of employment terms.

“Just cause” for termination typically includes actions such as theft, fraud, insubordination, harassment, violence, or repeated violation of company policies. It is important to consult the employment contract and applicable labor laws to determine specific grounds for “just cause” in a particular jurisdiction.

In most jurisdictions, employers are required to have a valid reason or just cause for terminating an employee. However, some jurisdictions may allow termination without just cause if the employment contract explicitly permits it or if the employee is under a probationary period.

Yes, an employee can challenge a termination based on “ex justa causa” if they believe that the employer’s allegations are false or that the misconduct does not warrant such severe consequences. The employee may file a complaint with the appropriate labor authority or pursue legal action to seek reinstatement or compensation.

If an employer wrongfully terminates an employee under “ex justa causa,” they may be liable for damages, including back pay, reinstatement, severance pay, or compensation for any harm caused to the employee’s reputation or career prospects. The specific consequences will depend on the laws and regulations of the jurisdiction.

In some cases, an employer may be able to terminate an employee for off-duty conduct if it significantly impacts the employee’s ability to perform their job or if it damages the employer’s reputation or business interests. However, the employer must demonstrate a clear connection between the off-duty conduct and the employment relationship.

Terminating an employee for poor performance may not typically fall under “ex justa causa” unless the poor performance is severe, persistent, and despite reasonable efforts by the employer to address and improve it. Generally, poor performance issues are addressed through performance improvement plans or disciplinary procedures.

In some exceptional circumstances, an employer may be able to terminate an employee without following a formal disciplinary process if the misconduct is severe and immediate action is necessary to protect the company’s interests or the safety of other employees. However, it is advisable for employers to follow a fair and consistent disciplinary process whenever possible.

The eligibility for unemployment benefits after termination under “ex justa causa” varies by jurisdiction. In some cases, if the employee can prove that the termination was unjust or that the employer did not have sufficient grounds for “just cause,” they may still be eligible for unemployment benefits. It is recommended to consult local labor laws or seek legal advice for specific circumstances.

Terminating an employee for whistleblowing, i.e., reporting illegal or unethical activities within the organisation, is generally prohibited and may be considered retaliation. Many jurisdictions have laws protecting whistleblowers from adverse employment actions. However, it is essential to consult the specific laws and regulations of the jurisdiction to determine the extent of protection provided.