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In a Herald article published on February 27, 2019, we discussed labour rights with a specific focus on the contract of employment and what a legally sound contract should contain.
To continue this conversation, we shall take a look at the function of labour law upon termination and suspension of contract.
Before examining this law it is worthy of note that every employee has full rights which cater to all aspects of employment from recruitment, employment and termination.
Central to these rights is the right to fair labour practices entails that there must be mutual respect between the employer and the employee.
This can be defined as proper notice, adequate at law, given within sufficient time to likely reach the intended recipient.
The current position in this regard is that no employer shall terminate a contract of employment on notice unless:
The termination is in terms of an employment code or, in the absence of an employment code, in terms of the model code