Dismissing an Employee in Cameroon: The Procedure That Protects the Employer

The Cameroonian Labour Code protects employees, and labour courts apply it strictly. In our experience, the great majority of employer losses are procedural. The reason for dismissal was defensible; the process was not documented.

Establish the ground honestly

There is a real difference between dismissal for misconduct, dismissal for professional inadequacy and economic dismissal following restructuring. Each carries different notice, consultation and compensation consequences. Choosing the label that feels convenient rather than the one that is accurate is the first error, and it is very difficult to correct later.

Build the file before the meeting

By the time an employee is invited to a disciplinary hearing, the employer should already hold contemporaneous evidence of the conduct or performance issue: warnings, instructions given, incident reports, and any prior remedial steps. A dismissal supported only by a manager's recollection is a dismissal that will be found abusive.

Respect the hearing

The employee must be told what is alleged, given a genuine opportunity to respond, and permitted the assistance the law allows. The hearing must be minuted. A hearing conducted as a formality after the decision has been taken is worse than no hearing at all, because the minutes will show it.

Notice, entitlements and the final account

On termination, the employer must settle notice or payment in lieu, accrued leave, any severance due on the applicable ground, and outstanding salary, and must issue a certificate of employment. CNPS declarations must be brought up to date. Withholding final entitlements as leverage in a dispute converts a defensible dismissal into an indefensible one.

Economic dismissal has extra steps

Redundancy on economic grounds requires consultation with staff representatives, engagement with the labour inspectorate, application of the selection criteria the law provides, and consideration of alternatives to dismissal. Skipping the inspectorate stage is the most common failure and it is fatal.

Before conciliation

Labour disputes pass through the inspectorate for conciliation before they reach court. That stage is an opportunity, not an obstacle. An employer arriving with a complete, coherent file settles on far better terms than one arriving with an explanation.

A practical test: if the entire dismissal file were handed to a labour court judge with no oral explanation, would it stand on its own? If not, the process is not finished.

For employees

The same rules cut both ways. If you were dismissed without a hearing, without written reasons, or without your final entitlements, you have grounds worth assessing. Time limits apply, so seek advice quickly rather than after the fact.