011 475 2845 law@leeuwmar.co.za

labour law

There is an ever increasing tendency amongst employees to not fulfil their contractual obligations in terms of notice period leaving employers scrambling to replace much needed staff.

Unfortunately, whilst employees giving 24 hour notice is completely illegal, there is no recourse in terms of Labour Legislation for an Employer to withhold money without more. Employers are as such left with only contractual remedies which may become costly and time consuming to enforce.

If an employer however adds clauses in employment contracts entitling an employer to withhold money due to the Employee’s short notice such clause would be enforceable and would allow the employer to immediately deduct leave pay to monies owed in these circumstances.