Termination

Non-competes are generally recognized by the courts …

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If the dismissal is the result of discrimination on the grounds of: race, sex or gender, ethnic or social origin, sexual orientation, age, disability, religion or belief, political opinion, language, marital status or family responsibility, it will be considered automatically unfair …

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Usually a fixed-term contract should not come to an end before the agreed date or completion of a task or project …

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Individual retrenchment Before an employer may activate a retrenchment (redundancy), it is normally necessary to first issue a “Section 189(s) notice …

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The employee must provide the employer with their intention to terminate the contract in accordance with the rules on notice periods, unless other periods are provided for in the employment contract or a collective agreement …

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Employees, who work for at least 24 hours per month for the employer, must be given notice of the termination of employment in writing or it they are illiterate, have it explained to them orally …

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Upon the termination of employment payment must be made to the employee for any untaken paid leave which they have accrued (including annual leave and any time off that was granted in lieu of overtime or Sunday pay) …

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A dismissal occurs where the employer terminates the employment contract (with or without notice); does not allow an employee to return to work after taking maternity leave; or does not renew a fixed-term contract which the employee reasonably expected would be renewed …

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An employee will be considered to have been constructively dismissed where the employee has terminated the employment contract because the employer made the continuation of employment intolerable …

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When the employment is terminated the employee is entitled to receive a ‘Certificate of Service’ …

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