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Alan Sale
Member - 1 post
A member of staff has offered their resignation giving 6 weeks notice.
I have been informed by HR that 3 months notice is required.
The memeber of staff is paid monthly and has only been on staff for just over 2 years.
Can the company hold her to the 3 months notice?
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Adrian Waltho
Member - 27 posts
Alan,
A question very similar to yours was answered as follows by Iain Skinner of Masons Solicitors:
"If the 3 month notice period is contractual and the employee refuses to comply with contractual obligation then as employer you could theoretically claim that the employee is in breach of contract and claim damages.
In practice however it is difficult to enforce such a term and you cannot restrain the employee from leaving without serving his contractual notice. Prevention in the form of an interdict applicable only if employee acting in breach of any contractual post termination restriction such as working for a competitor.
If as employer you agree to the employee giving less notice, you will be deemed to have acquiesced or waived the breach by the employee.
In the circumstances, if employer is keen to avoid publicity / litigation, then maybe agreeing to accept less than the contractual notice period from the employee is the only practical way to proceed."
We hope this answers your query. If you have any other questions, please don't hesitate to submit another question.
Best regards,
Workplacelaw Network
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