Moloto v City of Cape Town (C657/2009)
Moloto v City of Cape Town (C657/2009) [2010] ZALC 178; [2011] 3 BLLR 276 (LC); (2011) 32 ILJ 1153 (LC) (19 November 2010)
The applicant's fixed-term contract was varied to an indefinite contract of employment. The parties agreed that the standard notice period applicable was four weeks. The respondent gave more than one month's prior notice of termination, which complies with both the common law and the BCEA. There was no evidence of a contractual clause limiting the right to dismiss, nor any basis for importing an implied term prohibiting termination without good cause. The applicant's reliance on implied terms was rejected in light of the SCA's decision in McKenzie, which held that statutory remedies under the…
Source excerpt
- Breach Of Employment Contract
- Reasonable Notice
- Damages For Wrongful Termination
- Implied Terms In Employment
- Jurisdictional Quagmire