What is the difference between insubordination and Gross insubordination?

Question

Is it insubordination or gross insubordination if an employee asks to leave work to go and confirm an appointment during working hours and is told that you are too busy and decline the request. The employee goes anyway and does not return to work afterwards?

Answer

It is insubordination for leaving work. Whether the insubordination is Gross will depend on the circumstances. If the absence was disruptive to the business, this, together with the clear breach of the instruction, would amount to gross insubordination.

Notice periods in Employment Contracts

Question

Is one month notice the same as a calendar month notice?

Answer

A calendar months’ notice will require the parties to give notice of termination of employment /tender a resignation on the first day of any month. For example, if an employee gives notice on the 10th of June, the notice period will only start formally running on 1 July. However, the parties can consent to shorter notice where the notice period will be deemed to have started running on 10 June. Note that this can only be the case if the parties agree to this otherwise the calendar month period will apply.

In contrast, a months’ notice requires a 30 day period as notice of termination of employment/tender a resignation. This means that notice can be given on any day of the month and the notice period will be 30 days after that.

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