Labour and employment law

There will be no legal obligation on the employer to pay the employee and the two week period that the employee will not be able to attend work may be treated as unpaid leave.

During the employees’ first six months of employment, the statutory notice period is one week. During the second six months of employment, it is two weeks, and thereafter it is four weeks.

The employee repudiated the employment agreement and will be in breach of the employment agreement. The employer may accept the repudiation and institute a damages claim against the employee, or the employer may reject the repudiation and keep the employee to the employment agreement.

Yes, the minimum severance pay is one week salary for every completed year of service.

No. According to Section 20(5)(b) of the Basic Conditions of Employment Act, the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment. In terms of the Act, an employee is accordingly prohibited from taking leave during his/her period of notice on resignation, and the employer is prohibited from compelling the employee to take leave during any period of notice.