Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part I: Termination of Contract of Employment

30. Termination
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30.1.Subject to subclauses 30.6 and 30.7, employment may only be terminated at the instance of a party to the employment agreement on notice to the other party of not less than:
30.1.1.seven (7) days, if the employee has been in employment for twenty-eight (28) consecutive days or less.
30.1.2.fourteen (14) days, if the employee has been in employment for longer than twenty-eight (28) consecutive days but shorter than a year; and
30.1.3.twenty-eight (28) days, if the employee has been employed for longer than a year.

 

30.2.Despite subclause 30.1 the last day of the notice period shall coincide with a docking day.

 

30.3.Failure to comply with the minimum notice-period set out in subclause 30.1 above will result in monetary reimbursement to the party not receiving the required notice: Provided that such reimbursement shall only be proportioned to the shortfall in compliance with subclause 30.1 above.

 

30.4.Notice of termination of a contract of employment must be given in writing, however the notice must be explained orally in an official language that the employee reasonably understands, where—
30.4.1.the employee is illiterate and is not able to read the termination notice, and
30.4.2.the employee is notable to understand the language in which the notice is given.

 

30.5.Notice of termination of a contract of employment given by the employer—
30.5.1.must not be during any period of leave to which the employee is entitled in terms of Part G above, and
30.5.2.not run concurrent with any period of leave to which the employee is entitled in terms of Part G, except sick leave.

 

30.6.Nothing in this clause affects the right—
30.6.1.of a dismissed employee to dispute the lawfulness or fairness of the dismissal in terms of Chapter VIII of The Act or any other law; and
30.6.2.of the employer or an employee to terminate a contract of employment without notice for any cause recognized by law.

 

30.7.Instead of giving an employee notice in terms of subclause 30.1 above, the employer may pay the employee the remuneration the employee would have received, calculated in accordance with subclause 9.2 above, as if the employee had worked during the notice period.

 

30.8.If an employee gives notice of termination of employment and the employer waives any part of the notice, then the Employer must pay the remuneration referred to in subclause 30.7 above, unless the employer and employee agrees otherwise.

 

30.9.Section 144 of the Merchant Shipping Act is hereby incorporated to read that when the service of an employee terminates without his consent at a place other than his HOME PORT, and before the expiration of the period for which the employee was engaged, the employer shall make adequate provision for the maintenance of the employee and for his return to HOME Port at the employes expense.

 

30.10.Further to subclause 30.9 above the employee shall be responsible for the cost of his maintenance and return to his HOME PORT where the employee deserts or falls to join his vessel in a port other than his HOME PORT.