| Commentary

(4) Qualification

| Commentary

(4)     Qualification

The right to minimum notice depends upon a qualifying period of one month's continuous employment whether it is the employer (ERA 1996 s 86(1)) or the employee (s 86(2)) who is giving notice. For employment of less than one month the notice to be given is that expressly stated in the contract or of a length that arises by implication: the latter is of course uncertain and will depend upon the circumstances (such as the seniority of the employee, custom and practice and the nature of the employment—this gives rise to similar considerations to those

To continue reading
Analyse the law and clarify obscure passages all within a practical context.