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James is hired by company X in South Africa.

The first and second year's he is given a fixed term contract (Period 1 year each).

The third year he is offered permanent employment and remains at Company X for 18 months when suddenly he decides to resign.

James checks his permanent employment contract's resignation paragraph:

The following notice periods will apply for the respective working periods: Where the working period is: (i) Less than six (6) months: one (1) weeks’ notice. (ii) Six (6) months or longer – but less than one (1) year: one (1) calendar months’ notice. (iii) Longer than three (3) years: three (3) months’ notice.

Which notice period does James need to give to not be in breach of contract?

  • Unanswerable without knowing which jurisdiction applies to this contract – Dale M Dec 19 '17 at 18:51
  • @Dale M. The Jurisdiction is South Africa. – TheLegendaryCopyCoder Dec 19 '17 at 18:55
  • There is no notice period for employment lasting between one year and three years. That's either a critical lack of information in your question or a major loophole that would let you walk out the same day, given a consistent and reasonable arbiter of fact and contract law. – Nij Dec 19 '17 at 19:17
  • @Nij, I totally missed that until you mentioned it. That resignation clause is what is actually stated in the contract.Am I correct that you are also inferring that the 2 fix term contract periods are ignored when calculating my employment duration, so in other words, am I seen as only being 18 months at the firm? – TheLegendaryCopyCoder Dec 19 '17 at 19:27
  • That would be a very interesting case to decide on. Presumably you didn't write the contract, so the fact that they chose not to have a notice period for employees of that time means they don't want a notice period, and you simply don't have one... – Nij Dec 19 '17 at 22:14

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