Labour Law

Resignation Without proper Notice

By 19/10/2009 June 10th, 2012 No Comments

South African Music Rights Organisation Ltd v Mphatsoe [2009] 7 BLLR 696 (LC)

Firstly: What constitutes a calendar month in an employment contract?

The court found that a ‘calendar month’ does not always have to begin on the first day of the month and end on the last day of the month. Each matter should be interpreted individually. In this instance, at the time of contracting, it is clear that the parties’ intention was that a ‘calendar month’ would begin on the first day of the month, and end on the last day.

Secondly: What recourse does an employer have when an employee resigns without giving the requisite notice?

The court held that an employer is entitled to claim damages where an employee has resigned without giving proper notice. The employer must however substantiate the damages sustained.  The claim for damages in this instance was dismissed, as the employer could not prove that it had suffered damages.

Ian Mc Laren

Ian Mc Laren

Ian McLaren BA LLB (WITS) General Educated St Johns College, Houghton. BA LLB University of the Witwatersrand 1984 Founded McLarens Attorneys September 1986. Right of Appearance High Court, October 1996. Expertise Litigation, Labour Law, Commercial Law, Family Law, Pension and Provident Funds, Customs and Excise, Wills, Deceased Estates, Trusts, Commercial Agreements, Reviewing and Drafting Government Legislation, Information Technology. Committees/ Trusts Law Society of South Africa Information Technology Committee. Trustee Verney College Educational Trust Other Transvaal Provincial colours for Practical Shooting. Third degree Black Belt JKS Karate. Photographer and motor cyclist Lectured for Continuing Legal Education on Information Technology issues.