Two Week Court Berichtgeving Brief

REPORTABLE (64) SUPREME COURT or the appellant No appearance for the respondents This is an appeal against a judgment of the Labour Court upholding an arbitral award made in favor of the respondents. The provision reads: (4) Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), notice of termination of the contract of employment to be given by either party shall be (a) three months in the case of a contract without limit of time or a contract for a period of two years or more (b) two months in the case of a contract for a period of one year or more but less than two years (c) one month in the case of a contract for a period of six months or more but less than one year (d) two weeks in the case of a contract for a period of three months or more but less than six months (e) one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work.. (Underlining is mine for emphasis) The requirement for dismissal in terms of an employment code is subject to the provisions of subsection (3) which provides: (3) An employee is deemed to have been unfairly dismissed (a) If the employee terminated the contract of employment with or without notice because the employer deliberately made continued employment intolerable for the employee (b) if, on termination of an employment contract of fixed duration, the employee (i) had a legitimate expectation of being re-engaged and (ii) another person was engaged instead of the employee.