In terms of the latest Labour Appeal Court Judgment, handed down on 10 December 2020, an employee is required to give an employer written notice to resign, as per the employee’s signed contract of employment. In the absence of a contractual stipulation of a notice period, the Basic Conditions of Employment Act applies.

Taking into account the above, an employer has the right to discipline an employee for misconduct, alternatively have an incapacity hearing (ill health and/or poor performance), within the employee’s notice period.

If, however, the parties agree to waive the notice period and not enforce the required period in which the employee is required to work out the notice, this agreement shall be binding and lawful.

Bernard Reisner

Cape Labour and Industrial Consultants