Notice period

When an employer is dismissing an employee for general misconduct, an appropriate amount of notice must be given to the employee. This is the amount of time that an employee stays on and works after he/she has been terminated from the job. If an employer does not give a notice period to an employee then he/she is breaching the employment relationship between the employer and employee.

The period of notice to be given is usually provided for in the employment contract. If there is no notice period stated in the contract, then a 'reasonable' amount of time must be given to the employee.

The following considerations must be observed when determining what a reasonable period is:

Position the employee held i.e. how senior is he/she?
Period of time the employee has been employed.
The salary package the employee is on.
The usual time period given to other employee’s.
The standard industry practice.
The chances of the employee finding another job.
The employee's qualifications and experience.

As a guideline, a retail worker should probably be given a notice period of one to two weeks, whereas a worker in lower management should more likely be given a notice period of four weeks. An appropriate notice period for middle management would be between three and six months whereas a managing director or executive chairman might be entitled to around one to one and half years. The longer the employee has been employed, the longer the notice period he/she should be given.

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