n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - 'To meet is to part' : resignation by SMS constitutes notice in writing as required by the Basic Conditions of Employment Act : : case comments

Volume 23, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



An employment contract can be terminated in different ways by either the employer or the employee. An employment contract for an indefinite period may be terminated by one party giving another notice of intention to terminate the contract (A Basson et al 5 ed (2009) 56; PAK le Roux 'Resignations - an Update: the Final, Unilateral Act of an Employee' (2010) 19(6) 51). A fixed-term contract may also be terminated this way, if the contract contains a provision to that effect (John Grogan 10 ed (2009) 68). If termination is done by the employer, it is termed dismissal (s 186(1)(a) of the Labour Relations Act 66 of 1995 ('LRA'). If termination is voluntarily done by the employee, it is termed resignation ( [2001] 1 BALR (CCMA) at 3). If termination is involuntarily done by the employee, it is termed constructive dismissal (s 186(1)(e) of the LRA)). Section 37(4)(a) of the Basic Conditions of Employment Act 75 of 1997 ('BCEA') requires that notice of termination of an employment contract be given in writing, except when it is given by an illiterate employee.

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