Kobrin v Periscopic Masingita (Pty) Ltd and Others (JS990/15)
Kobrin v Periscopic Masingita (Pty) Ltd and Others (JS990/15) [2016] ZALCJHB 543 (21 October 2016)
The court held that the employment contract required a calendar month's notice, meaning notice must run from the first to the last day of a month. The respondents did not lawfully summarily terminate the applicant's employment, as the termination was no-fault and not based on any breach or repudiation by the applicant. The respondents' reliance on operational requirements or retrenchment as grounds for summary dismissal was rejected, as such circumstances do not justify summary termination under the contract or common law. The applicant was therefore entitled to payment for the full calendar…
Source excerpt
- Payment In Lieu Of Notice
- Summary Dismissal
- Contractual Notice Period
- Retrenchment
- Damages For Breach
- Costs Award