EOHCB Info: Notice of Employment Termination

Dear EOHCB Member & Industry,

An Employer or Employee (other than a Casual Employee) who wishes to terminate the Employee`s employment with the Employer, shall be obliged to give the following period of notice:

1 (one) calendar days’ notice should termination occur during the 1st (first) month of employment;

1 (one) week if the Employee has been employed for a period exceeding 1 (one) month but less than 6 (six) months;

2 (two) weeks’ notice, if the Employee has been employed for a period exceeding 6 (six) months.

May an employer refuse for the employee to work their notice period?

Yes. An Employer may waive the notice period by paying to the Employee in lieu of notice. This is often done where an employee works with confidential information or may pose a risk for the business if they worked their notice period.

May an employee refuse to work their notice?

Yes. An Employee may terminate their employment without written notice by paying to the Employer, in lieu of notice.

May notice of termination be served while an employee is on leave?

No. The notice period may not run concurrently with an employee’s temporary absence due to annual leave, or maternity leave.

May an employee give ‘too much notice’?

No. In Uthingo Management (Pty) Ltd v Shear NO & others (2009) 18 LC the judge held that it should not be left to an employee to dictate the terms on which his employer should accept his repudiation Employer & Employee relationship termination, and that employers do not have to accept extended notice periods that they did not agree upon. Employers would be within their rights to revert back to the agreement reached upon commencement of employment and to insist on the agreed (shorter) period of notice.

Does an employer have to accept a request to withdraw a resignation?

No. The resignation is a unilateral act by the employee and does not need the employer’s acceptance. The employment relationship is terminated immediately the written resignation is given and received.

Can an employee resign with immediate effect whilst suspended to avoid disciplinary action?

No. Even though the employee is suspended from working, the contract of employment would terminate at the end of the notice period. The employer is still entitled to proceed with disciplinary action against the suspended employee during the notice period.

For more important advice to ensure you follow the correct labour practices in your salon, please contact your local EOHCB HERE.

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