Embody Trading (Pvt) Ltd. vs Commissioner General of Labour – CA/WRIT/227/2022-2024

In Embody Trading (Pvt) Ltd. v. Commissioner General of Labour and others, the court addressed the issue of whether the termination of an employee on extended probation complied with statutory requirements under the Termination of Employment of Workmen (Special Provisions) Act (TEWA). It was determined that such termination requires either the prior written consent of the employee or prior written approval from the Commissioner of Labour. The appointment letter, though signed by the employee and containing a termination clause, did not satisfy the requirement for explicit written consent as mandated by TEWA. The holding reaffirmed that statutory protections for employees, particularly concerning termination during probation, cannot be circumvented by general consent clauses in appointment