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Thread: Resignation notice period when facing possible retrenchment

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    Resignation notice period when facing possible retrenchment

    My company has served us with notices in terms of section 189(3) of the Labour Relations Act: contemplated termination of employment as a result of operational requirements.
    My question is how would this affect the notice period if I were to find alternative employment, can the company still insist that I work the whole notice period or will they have to accept whatever notice I give them?

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Big W View Post
    can the company still insist that I work the whole notice period or will they have to accept whatever notice I give them?
    Ultimately that is up to them. However, if there's a retrenchment process in play they're obviously keen to reduce costs. As long as you're not mission critical and in a position where some retrenchment is intended, there's a healthy financial incentive for them to allow a shorter notice period than contracted to.
    The trouble with opportunity is it normally comes dressed up as work.

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    I have never actually signed a contract with the company where we agreed on a resignation period and have been with the company for more than six years. Would two weeks notice be sufficient and in the case that they are not satisfied with the notice period will they be able to hold back money such as leave pay?

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    Platinum Member sterne.law@gmail.com's Avatar
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    In the absence of a contract the BCEA applies. You are therefore required to give one months notice.

    They can not hold back the money. You would however be in breach and can be sued for the two weeks balance, alternatively interdicted. It is very unusual to do so and with retrenchment proceedings you would had some defence and arguments. I would not stress too much. There is obviously the goodwill element when leaving a company.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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