24 HOURS NOTICE BY EMPLOYEES

The queation is often asked if an Employee can give 24 hours notice of termination of an Employment Contract.

If a Contract of Employment is in place it normally provides the notice period to be given on termination,which is normally 30 days.

There is no provision in the Basic Conditions of Employment Act(BCEA) which provides for a 24 hour notice of termination of Employment Contracts.

So what does the Employer do if the Employee gives 24 hours notice?

It is illegal for an Employee to give 24 hours notice,but if the the Employee leaves,the Employer is not legally able to withhold any monies due to the Employee (eg. outstanding leave pay)and must pay these monies over to the Employee in terms of Section 40 of the BCEA.There is also no provision in the Labour Relations Act to proceed against the Employee in these cases.

Therefore the only way the Employer can address this scenerio with the Employee is through the normal Courts,ie. Magistrates' Court,Regional Court or High Court,depending on the amount claimed.The Employer would have to prove breach of contact,which is relatively easy if there is a written Contract of Employment,but then must prove what damages the Employer has suffered as a result of the Employee's breach.

This is where it becomes difficult,especially in cases of more junior Employees.As a result Employers do not institute legal action against Employees in these cases due to the high legal costs that have to be incurred.