Somi v Old Mutual Africa Holdings (Pty) Ltd (J2828/14)
Somi v Old Mutual Africa Holdings (Pty) Ltd (J2828/14) [2015] ZALCJHB 279; (2015) 36 ILJ 2370 (LC) (3 July 2015)
The court found that the respondent breached the employment contract by failing to provide the applicant with one month's written notice prior to termination, as required by clause 21.1.1 of the contract. The payment of notice pay after termination did not cure the breach, as the contract required notice to be given, not merely payment. Furthermore, the respondent failed to conduct a performance enquiry prior to dismissal, contrary to the incorporated IR policy and contractual obligations. The court held that the applicant was entitled to enforce the contract through specific performance, inc…
Source excerpt
- Specific Performance
- Breach Of Employment Contract
- Notice Of Termination
- Performance Enquiry
- Unlawful Dismissal