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Started Dec 12 2012, 03:38

Dec 12 2012, 03:38
The Court noted that in order to attract the protection from an unjustified dismissal claim, notice of termination must be given within the stated trial period (even if the notice period does not expire until after the end of the trial period). If there was no lawful termination, the personal grievance barrier would not apply.

In the present case, the purchaser summarily dismissed the employee, the employer however agreed to pay two weeks wages in lieu of notice. However, the employment agreement provided for a four week notice period and as the Court noted a termination of employment on short notice is ineffective. Whilst the employer subsequently made payment of the remaining two weeks wages, it was by that stage too late. The Court concluded that because the employee had not been given proper notice of the termination of her employment (either because she had been summarily dismissed or because she had been given an insufficient notice period or payment in lieu thereof) the employer had not given the employee notice of the termination of their employment and therefore had not terminated the employment in the manner required to attract the protection against claims for unjustified dismissal. This finding also would on its own have been sufficient to dispose of the case in favour.

ID#12646044
Rana Hamid

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