“The argument that where an employee gives notice of termination by resigning with immediate effect, then such an employee cannot be compelled to continue working for the employer because resignation is a valid unilateral act that comes into effect on the date the employee dictates that it will come to, and end is misinterpreted.” The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane.
“Except where summary dismissal is warranted, the unilateral act of the employer in terminating the contract, whether by notice or other conduct, does not without more bring an end to the contract of employment. The same applies to an employee who gives short notice in violation of the contract: they may be obliged to serve out the notice period. In neither case does the unlawful repudiation of the contract have to be accepted by the other party.” Steenkamp & Others v Edcon Ltd
To find out how SEESA can help your business visit our website for more:
“SMS” the word “SEESA” to 45776 with your query and a professional Legal Advisor will contact you!
#TeamSEESA