AMCU obo Phele and Others v BDM Management (Pty) Ltd and Another (JR2223/2014)
AMCU obo Phele and Others v BDM Management (Pty) Ltd and Another (JR2223/2014) [2016] ZALCJHB 424 (4 November 2016)
The court found that the fax cover page sent by the respondent to the union did not constitute proper notification of the termination of the employment contracts. The employment contracts endured until 26 March 2012, when the actual notice of termination was received by the union. The respondent had a duty to ensure that the notice of termination was properly conveyed and received. As a result, the employees were entitled to remuneration for the period between the disciplinary hearing and the date of actual notification. The respondent's argument that the union should have contacted them abou…
Source excerpt
- Termination Of Employment
- Notice Requirements
- Unpaid Wages
- Common Law Contract
- Disciplinary Procedure