Those 24-Hour Notices Many an employer has had to contend with the 24-hour notice problem. What usually happens is an employee is appointed and then trained at a cost to the employer.A contract of employment is signed which normally has a clause stating that a months notice should be given at termination of the contract by either party. Then one morning the employee gives notice, in writing or not, and they want to leave the next day. Now the employer sits with a number of problems of which at least one is that they must replace the employee. The greater frustration is that all that well spent money on training and development is down the proverbial drain. What now? Let us look at the Basic Conditions of Employment Act of 1997 to ensure what the legislature had in mind. Section 37 deals with notice periods at termination and states: (1) Subject to section 38, a contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than- (a)one week, if the employee has been employed for six months or less; (b) two weeks, if the employee has been employed for more than six months but not more than one year; (c)four weeks, if the employee- (i)has been employed for one year or more; or (ii)is a farm worker or domestic worker who has been employed for more than six months. These statutory stipulations are all very well – but where does this leave the employer when the employee has simply walked out on 24 hours notice ? In NATIONAL ENTITLED WORKERS UNION v COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION & OTHERS (2007) 28 ILJ 1223 (LAC) the union employed an employee who left them without giving notice They wanted the Labour Court to determine that this was unfair labour practices perpetrated against them.The court did not agree with this point of view. The court confirmed that the one recourse for employers is to sue the employees under common law for breach of contract. The legislature did not give the employer any recourse against such employees who do not honour the contracts – at least there is no recourse in terms of labour legislation. The option is for the employer to sue and issue summons against these employees, for any damages that the employer is able to quantify in terms of the employees breach of contract.
Posted on: Mon, 05 Jan 2015 06:28:13 +0000
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