Please let me know if a Principle can sa...

Asked by Colin on 17-11-2023 09:55:25
Question posted in the General Law category relating to Gauteng

Please let me know if a Principle can say this to a teacher:

Clarity on NOTICE PERIOD when resigning:

According to our contracts, we have agreed to giving a terms notice.

Extract from your contract:

Termination/Notice PeriodThe employment contract will terminate on you reaching retirement age.  (The Company’s normal retirement age is 65).  Should either party wish to terminate the employment contract prior to retirement, the notice period is a term’s notice (a minimum of three months) given on the first day of any term expiring on the last day of that term from either side in writing, provided that the Company shall be entitled to terminate this agreement without notice for any reason, in law, justifying summary dismissal.  Upon termination of the Employee’s employment for any reason whatsoever, the Employee shall be paid on the last day of the month.

Please note, I will be enforcing this as it does affect the ability to plan and find a suitable replacement for you

My recourse for this will be to take civil legal action against the teacher for breach of contract and to claim damages.

Please know, I am not being difficult, however, it grossly affects our ability to offer the service parents are paying for. If I have a suitable candidate and can replace the teacher sooner then the terms notice, I will be more than willing to have the discussion.

Please see more documentation from ISASA SECTION 8A – TERMINATION OF EMPLOYMENT

Many thanks, Debbie

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