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Termination Notice
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asked on May 8, 2003 at 15:29
by   dan
Dear Puan Ira,

To terminate an employment with the company, the company needs 3 months' written notice period.

My colleague resigned on 29 April, and his last day is 29 July. I resigned on 30 April, my last day is 31 July (assuming both of us don't have any more annual leave left). I thought the day tender the notice is inclusive in the notice period, so my last day with the company should be 29 July? I was told I am not covered by the Employment Act because of my salary range.

Please advise. Thank you.
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answered on May 11, 2003 at 17:17
by   businessbytes
Dear Daniel,

Your company is right. Under the Interpretation Act 1967 on
computation of time, the day the notice is given shall be deemed
to be exclusive.Since your notice takes effect from 1st May your three months
will expire on 31 st July. This has nothing to do with whether you are covered by the
Employment Act or not.
Iradvice
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answered on May 12, 2003 at 10:32
by   dan
But under the Employement Act, "Notice of termination of contract", item 12(4) said "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 notice". How can there be two different interpretation between Employment Act anf the INterpretation Act?

If person A resigned on 29 April, his last day is 29 July, then person B resigned on 30 April, his last day is 31 July, not 30 July? Is it just unfortunate that person B resigned on the last day of the month, and the 29th is not? This is not logical at all!
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answered on May 12, 2003 at 12:59
by   businessbytes
Dear Daniel,
I am sorry my last line is not accurate. If an employee is covered by the Employment Act then the provisions of the Act applies. In the case of employees outside the ambit of the Act you cannot use the provisions of the Employment Act. If there is a dispute then the Tribunal chairman will look at the provisions on interpretation available in the contract document or in its absence be guided by court precedents or look at the Interpretation Act for guidance or use the dictionary meaning.There are two ways of looking at it.The chairman may decide a month to mean a calendar month which means in your case the three months will expire on 31st July.However if there is a provision in your contract of employment to say a month means 30 days then your notice will expire on the 90th day.Or he may use the dictionary meaning i.e the period between the same dates in succeeding months in which case it may mean 30April to 30July which means your last date is 30th July.Whichever route you use it cannot expire on 29th July.
On the difference between two laws they are meant for different purposes and obviously may be different.The Interpretation Act also says its provisions will apply in the absence of anything else stated in any other Act.In the case of the Employment Act since there are provisions on the inclusion of the date of notice then for employees the date of notice shall be included.
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