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.
