Notice of termination of contract
10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
(2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
(3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than —
(a)
one day’s notice if he has been so employed for less than 26 weeks;
(b)
one week’s notice if he has been so employed for 26 weeks or more but less than 2 years;
(c)
2 weeks’ notice if he has been so employed for 2 years or more but less than 5 years; and
(d)
4 weeks’ notice if he has been so employed for 5 years or more.
(4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
(5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.
Termination of contract without notice
11.—(1) Either party to a contract of service may terminate the contract of service without notice or, if notice has already been given in accordance with section 10, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of salary at the gross rate of pay which would have accrued to the employee during the period of the notice and in the case of a monthly-rated employee where the period of the notice is less than a month, the amount payable for any one day shall be the gross rate of pay for one day’s work.
[21/84; 36/95]
(2) Either party to a contract of service may terminate the contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service.
