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Question
Posted by: Anon | 2009-11-23

HELP ASAP

I have just resighned ( 23rd) I gave my resignation to my boss and he said that I had to work a calender month ( in his opinion 1Dec - 1 Jan) but in my contrat it says only I have to give notice one calender month notice. It does not give me the definition of a calender month. I am going to loose the new job. My boss is very stubborn and on purpose. I said I gave them 30 days notice and that is it.

Am I going the right route?

And I am also intitled to Public Holidays worked pay, is that correct?
And also intitled to any moneys regarding my leave.For example it has been 4 months ago and they owe me one day leave/pay for every 17 days since then?

Thank you

Elmarie

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Our expert says:
Expert ImageLabour lawyer

RE: HELP ASAP

You need to carefully peruse your contract of employment to show that it states a CALENDAR MONTH. If it says merely one months notice then 30 days is good enough.

Entitled to Public Holidays - you are entitled to be paid double on public holidays. You are certainly entitled to leave pay.

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2
Our users say:
Posted by: Jane | 2009-11-30

If your contract states " Calender Month"  u are screwed cos

" A calendar months notice, means that your notice period only starts from the 1st of the month. In other words, you must give a full calendar months notice. If you resign on the 20th of the month, then you are actually giving the company about 40 days notice (depending on the number of days in the months). Companies often specify a calendar months notice if you have specific tasks that you perform during the month. For example, if you are responsible for the payroll, and the companies’  employees get paid on the 25th of the month, then the company wouldn' t want you to leave on the 20th. " 

Maybe your employees will just deduct days you have not worked they can' t make you stay!

Reply to Jane
Posted by: labour lawyer | 2009-11-27

RE: HELP ASAP

You need to carefully peruse your contract of employment to show that it states a CALENDAR MONTH. If it says merely one months notice then 30 days is good enough.

Entitled to Public Holidays - you are entitled to be paid double on public holidays. You are certainly entitled to leave pay.

Reply to labour lawyer

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