Posted by: Anon | 2009/08/14


Dear Sir,
I am about to resign from my current job as I have found another job in the same industry but with a different employer.

I have a couple of questions around this and would really appreciate your feedback:

1. I will be working my notice month - my contract stipulates one calendar month  I still have my full 2009 leave left and wants to know if I am allowed to take it in my notice month?
2. If my boss doesn' t want me to take the leave, must he then pay me out? If so, how is the leave pay calculated? Is it just the 18 days pro-rata of your normal monthly salary?
3. I also need to know if my current employer can refuse my resignation?
4. Because I work with client' s and will be moving to another company, there is always the risk of the client' s wanting to move their portfolios to the same company as where I will be going...Can I get in trouble for this? Can my boss sue me for clients moving away from his company so that they can be with the same company where I am? It is not like I am going to steal or approach them, I mean if they want to leave willingly?

Your response is appreciated.


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Our expert says:
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The basic conditions of empoyment act does not allow you to take leave in your notice month. If your employer does not want you to take leave then he must pay you out but this can only be done with your agreement. Please note that it is still not an acceptable practice.

Resignation is a unilateral action and you are entitled to resign, no one can stand in your way.

There is the concept of "unfair competition" This is adangerous area of law and if your previous employer deems that there is some unfair competition they can take action against you.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

Our users say:
Posted by: Boetie | 2009/08/21

A boss MUST pay (by law) any leave due to you. He can' t refuse your resignation, even if he does it doesn' t matter. He can do absolutely nothing about clients that follow you to your new company. Just make sure he doesn' t try to make you sign a contract in which you will not service your existing clients. You have no obligation whatsoever to not contact your existing clients, after all business is business. He should have looked after you financially while you were there.

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