{"id":22315,"date":"2020-09-14T12:10:16","date_gmt":"2020-09-14T12:10:16","guid":{"rendered":"https:\/\/gometa.co.za\/info\/?page_id=22315"},"modified":"2020-09-14T12:10:16","modified_gmt":"2020-09-14T12:10:16","slug":"what-happens-if-you-quit-without-notice","status":"publish","type":"page","link":"https:\/\/uni1.co.za\/articles\/what-happens-if-you-quit-without-notice\/","title":{"rendered":"What happens if you quit without notice?"},"content":{"rendered":"\n<div class=\"advads-atf\" style=\"margin-top: 15px;margin-bottom: 20px;\" id=\"advads-1885183836\"><script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-9198760278752355\"\n     crossorigin=\"anonymous\"><\/script>\n<!-- Responsive ads atf -->\n<ins class=\"adsbygoogle\"\n     style=\"display:block\"\n     data-ad-client=\"ca-pub-9198760278752355\"\n     data-ad-slot=\"8381596201\"\n     data-ad-format=\"auto\"\n     data-full-width-responsive=\"true\"><\/ins>\n<script>\n     (adsbygoogle = window.adsbygoogle || []).push({});\n<\/script><\/div><p>When resigning from a job, an employee may ask what their employer can do if they don\u2019t give the notice that is required by their employment agreement. After all, you can\u2019t force someone to work for you.<\/p>\n\n\n<p>There are two actions an employer can take in such situations.<\/p>\n\n\n<p>The most common is to get reimbursement for the financial loss suffered by the employer due to the lack of sufficient notice. This can either be by deducting the amount from the final pay (only possible if that is provided for in the employment agreement), or applying to the Employment Relations Authority for damages.<\/p>\n\n\n<p>For this reason, many employers included a forfeiture of wages provision in the employment agreement.<\/p>\n\n\n<p>Another, less usual, action is to apply to the Employment Relations Authority to impose a penalty on the ex-employee for breaching their employment agreement (by not working the required notice). Section 134 of the Employment Relations Act 2000 states that every party to an employment agreement who breaches that agreement is liable to a penalty.<\/p>\n\n\n<h2 class=\"wp-block-heading\">Forfeiture of wages<\/h2>\n\n\n<p>Employers can only deduct wages in lieu of notice if there is a forfeiture clause in the employment agreement that allows them to do so. Otherwise, employers must pay employees for the days that they worked and their holiday pay due on termination of employment, even if the employee did not give any notice (or less than provided for in the agreement).<\/p>\n\n\n<p>The amount of the payment or forfeiture generally relates to the period of notice, ie where a week\u2019s notice of termination is not given or received, a week\u2019s wages may be paid or forfeited.<\/p>\n\n\n<p>Alternatively, the agreement may provide for a proportional payment or forfeiture for an incomplete period of notice, ie the balance of the notice shall be paid or forfeited.<\/p>\n\n\n<p>The amount of wages to be forfeited must be in proportion to the loss and be a genuine pre-estimation of the damage that would be caused if the notice requirement was breached. It cannot be a penalty because if it is, the forfeiture provision will be unenforceable.<\/p>\n\n\n<p>Parties to an employment agreement can make an assessment of potential loss at the time they enter into an agreement, avoiding the difficulty later of proving loss.<\/p>\n\n\n<p>It must be a genuine forecast of the probable loss &#8211; it cannot be a provision used to force an employee to perform the agreement by holding a threat over his or her head.<\/p>\n\n\n<h2 class=\"wp-block-heading\">Case example: Proportion to loss<\/h2>\n\n\n<p><em>Labour Inspector v Cornerstone Enterprises Ltd t\/a Dee Night &#8216;n Day<\/em>&nbsp;(2010) was a claim for recovery of holiday pay for a former employee who had given only 4 days&#8217; notice before leaving his job. The company withheld the employee&#8217;s holiday pay in reliance on its forfeiture clause.<\/p>\n\n\n<p>The employment agreement (by reference to the company&#8217;s handbook) required 4 weeks&#8217; notice of termination by either party. Where the requisite notice was not provided, 4 week&#8217;s wages was to be paid or forfeited by the party who failed to give or work the notice.<\/p>\n\n\n<p>The Employment Relations Authority noted that this clause in the Night &#8216;n Day handbook was well known to it, being the subject of four determinations already. In the first two cases, the Authority had enforced the clause. In the later two cases, the Authority did not enforce the clause because it was a penalty.<\/p>\n\n\n<p>The Authority referred to the principle provided by case law that it is unconscionable in a case of breach of contract to recover a sum that is out of all proportion to the loss that occurs. However, a genuine pre-estimation of likely damages in a contract is acceptable.<\/p>\n\n\n<p>In this case, the company claimed that an employee leaving at short notice was inconvenient and incurred greater training costs for the new employee. However, the company was unable to quantify the loss suffered as a consequence of the employee&#8217;s failure to give 4 weeks&#8217; notice.<\/p>\n\n\n<p>The Authority determined that the forfeiture clause was a penalty provision. Four weeks&#8217; wages was a sum that was out of proportion or extravagant in comparison to any likely loss arising from the breach.<\/p>\n\n\n<p>There was no evidence of actual loss and training would have to be provided to a new employee in any event. The forfeiture clause was not enforceable and the company was ordered to pay the employee his holiday pay.<\/p>\n\n\n<p>The Authority added that the labour inspector&#8217;s submission that all forfeiture clauses are penalty clauses and unenforceable went too far. An analysis of the facts of each case is usually required.<\/p>\n\n\n<h2 class=\"wp-block-heading\">Case example: Abandonment<\/h2>\n\n\n<p>In&nbsp;<em>Dominion Trading Company Ltd v Jane<\/em>&nbsp;(2007), there was a written employment agreement in place that provided for 2 weeks\u2019 notice of termination of employment, and forfeiture of 2 weeks\u2019 wages if such notice wasn\u2019t given.<\/p>\n\n\n<p>Several weeks after Jane started his job, he phoned in sick. This was the last time the company heard from him. The company tried to phone him, and left messages on both his home phone and on his mobile.<\/p>\n\n\n<p>When there was no reply, he was sent a letter reminding him that his employment agreement stipulated that he must give 2 weeks\u2019 notice if he was resigning. Jane did not respond. Almost a week later, another letter was sent to him. Again, there was no response.<\/p>\n\n\n<p>The company lodged a claim with the Employment Relations Authority to recover 2 weeks\u2019 wages from Jane in lieu of notice, plus reimbursement for the cost of overalls that had been supplied to Jane.The Authority noted that Jane had not acted in good faith. It determined that Jane had abandoned his employment, and the company was entitled to 2 weeks\u2019 wages (as stipulated in the employment agreement) and reimbursement for the overalls that Jane had failed to return.<br \/>Jane was ordered to pay the company $1077.53 as forfeiture of wages, and $100 for the overalls, plus the $70 lodgement fee that the company had paid.<\/p><div class=\"advads-content\" id=\"advads-2936455828\"><div style=\"width: 300px; padding: 20px; margin: 0 auto; border: 1px solid #ddd; border-radius: 8px; background-color: #f9f9f9; text-align: center; font-family: Arial, sans-serif;\">\r\n    <p style=\"font-size: 16px; margin: 0 0 10px;\">Need Information or Confused about Something ? <\/p>\r\n    <a href=\"https:\/\/onlineapplications.co.za\/ask\/\" style=\"display: inline-block; padding: 10px 20px; background-color: #007BFF; color: #fff; text-decoration: none; border-radius: 4px; transition: background-color 0.3s;\">Ask a Question<\/a>\r\n<\/div>\r\n<\/div><div class=\"advads-btf\" style=\"margin-top: 15px;margin-bottom: 20px;\" id=\"advads-935838786\"><script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-9198760278752355\"\n     crossorigin=\"anonymous\"><\/script>\n<!-- Responsive ads btf -->\n<ins class=\"adsbygoogle\"\n     style=\"display:block\"\n     data-ad-client=\"ca-pub-9198760278752355\"\n     data-ad-slot=\"5513273173\"\n     data-ad-format=\"auto\"\n     data-full-width-responsive=\"true\"><\/ins>\n<script>\n     (adsbygoogle = window.adsbygoogle || []).push({});\n<\/script><\/div>\n<div class=\"advads-cpc\" id=\"advads-2224054204\"><p>&nbsp;<\/p>\n<hr \/>\n<p>Sponsored Guide<\/p>\n<hr \/>\n<p><strong>Complete Guide to NSFAS Online Loan Application for South African Students (2025)<\/strong><\/p>\n<p>If you are a South African student looking to pursue higher education but are facing financial difficulties, the <strong>National Student Financial Aid Scheme (NSFAS)<\/strong> is one of the most accessible funding options available. NSFAS provides financial aid in the form of <strong>bursaries and loans<\/strong> to qualifying students at public universities and TVET colleges in South Africa.<\/p>\n<p>This guide will walk you through <strong>everything you need to know about the NSFAS loan application process<\/strong>, from eligibility requirements to application steps and frequently asked questions.<\/p>\n<hr \/>\n<h2>\ud83d\udccc What is NSFAS?<\/h2>\n<p>The <strong>National Student Financial Aid Scheme (NSFAS)<\/strong> is a government-funded financial aid scheme aimed at helping students from low- and middle-income households to access tertiary education without the burden of upfront fees.<\/p>\n<p>NSFAS <strong>offers both bursaries and income-contingent loans<\/strong>:<\/p>\n<ul>\n<li><strong>Bursaries<\/strong>: For eligible students who meet academic and household income criteria (especially for TVET and university students).<\/li>\n<li><strong>Loans<\/strong>: For students who do not meet all bursary criteria or who are pursuing postgraduate qualifications not funded under bursary schemes.<\/li>\n<\/ul>\n<hr \/>\n<h2>\u2705 Who Qualifies for an NSFAS Loan?<\/h2>\n<p>To qualify for an NSFAS loan (especially for postgraduate students or programs not funded under the bursary system), you must:<\/p>\n<ul>\n<li>Be a <strong>South African citizen<\/strong>.<\/li>\n<li>Be <strong>financially needy<\/strong>, with a household income of <strong>less than R350,000 per year<\/strong>.<\/li>\n<li>Have a <strong>valid South African ID<\/strong>.<\/li>\n<li>Be <strong>enrolled or accepted<\/strong> to study at a <strong>public university or TVET college<\/strong>.<\/li>\n<li>Not be funded through another bursary program that covers all expenses.<\/li>\n<li>Maintain satisfactory <strong>academic progress<\/strong> (returning students).<\/li>\n<\/ul>\n<hr \/>\n<h2>\ud83d\udcda Courses Funded by NSFAS<\/h2>\n<p>NSFAS primarily funds <strong>undergraduate qualifications<\/strong>, but certain <strong>postgraduate programs (e.g., PGCE, postgraduate diplomas in education, and professional courses like LLB)<\/strong> may be considered under the <strong>NSFAS loan scheme<\/strong>, not bursaries.<\/p>\n<p>If you\u2019re studying:<\/p>\n<ul>\n<li><strong>Undergraduate degree or diploma<\/strong>: You are likely eligible for a full NSFAS bursary.<\/li>\n<li><strong>Postgraduate study<\/strong>: You may qualify for a loan, depending on the course and funding availability.<\/li>\n<\/ul>\n<hr \/>\n<h2>\ud83d\udcc4 Required Documents for NSFAS Application<\/h2>\n<p>When applying, make sure you have the following documents scanned and ready:<\/p>\n<ol>\n<li><strong>Certified copy of your South African ID or Smart Card<\/strong>.<\/li>\n<li><strong>Parent(s) or guardian(s) ID documents<\/strong>.<\/li>\n<li><strong>Proof of income<\/strong> (latest payslips, UIF, or affidavit if unemployed).<\/li>\n<li><strong>Consent Form<\/strong> signed by your parent(s)\/guardian(s) to allow NSFAS to verify income.<\/li>\n<li><strong>Proof of registration or acceptance at a public institution<\/strong>.<\/li>\n<li><strong>Academic transcripts<\/strong> (for continuing or postgraduate students).<\/li>\n<\/ol>\n<hr \/>\n<h2>\ud83d\udda5\ufe0f How to Apply for an NSFAS Loan Online<\/h2>\n<h3>Step-by-Step NSFAS Online Application Process (2025)<\/h3>\n<ol>\n<li>\n<h3><strong>Visit the NSFAS Website<\/strong><\/h3>\n<p>Go to: <a href=\"https:\/\/www.nsfas.org.za\/\">https:\/\/www.nsfas.org.za<\/a><\/li>\n<li>\n<h3><strong>Create an Account<\/strong><\/h3>\n<ul>\n<li>Click on <strong>\u201cMyNSFAS\u201d<\/strong> and register your profile.<\/li>\n<li>You\u2019ll need a <strong>valid email address<\/strong> and <strong>South African cellphone number<\/strong>.<\/li>\n<li>Choose a strong password and verify your account via email or SMS.<\/li>\n<\/ul>\n<\/li>\n<li>\n<h3><strong>Login and Start the Application<\/strong><\/h3>\n<ul>\n<li>After registration, log in to your <strong>MyNSFAS<\/strong> account.<\/li>\n<li>Click on <strong>\u201cApply\u201d<\/strong> to begin a new application.<\/li>\n<\/ul>\n<\/li>\n<li>\n<h3><strong>Fill in Your Personal Details<\/strong><\/h3>\n<ul>\n<li>Input your <strong>ID number<\/strong>, name, surname, and other details exactly as they appear on your ID.<\/li>\n<li>Provide <strong>household income information<\/strong> and living arrangements.<\/li>\n<\/ul>\n<\/li>\n<li>\n<h3><strong>Upload Required Documents<\/strong><\/h3>\n<ul>\n<li>Upload all supporting documents in <strong>PDF or JPEG format<\/strong>.<\/li>\n<li>Each document must be clear and under the size limit specified.<\/li>\n<\/ul>\n<\/li>\n<li>\n<h3><strong>Submit Your Application<\/strong><\/h3>\n<ul>\n<li>Review your application for accuracy.<\/li>\n<li>Click <strong>\u201cSubmit\u201d<\/strong> and wait for a confirmation message.<\/li>\n<\/ul>\n<\/li>\n<li>\n<h3><strong>Track Your Application<\/strong><\/h3>\n<ul>\n<li>Log in regularly to check your application status.<\/li>\n<li>You will be notified via SMS and email at each stage of the process.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<hr \/>\n<h2>\ud83d\uddd3\ufe0f Important NSFAS Dates (2025)<\/h2>\n<ul>\n<li><strong>Application Opening Date<\/strong>: September 1, 2025<\/li>\n<li><strong>Application Deadline<\/strong>: January 31, 2026<\/li>\n<li><strong>Appeals Period<\/strong>: February 2026 (if rejected)<\/li>\n<li><strong>Disbursement<\/strong>: After registration and approval<\/li>\n<\/ul>\n<p><em>Note: Dates are subject to change; always confirm on the official NSFAS website.<\/em><\/p>\n<hr \/>\n<h2>\ud83d\udcb8 What Does the NSFAS Loan Cover?<\/h2>\n<p>NSFAS funding typically includes:<\/p>\n<ul>\n<li><strong>Tuition fees<\/strong><\/li>\n<li><strong>Registration fees<\/strong><\/li>\n<li><strong>Accommodation (if living away from home)<\/strong><\/li>\n<li><strong>Meals and transport<\/strong><\/li>\n<li><strong>Learning materials (e.g., textbooks)<\/strong><\/li>\n<\/ul>\n<p>For <strong>loans<\/strong>, repayment is only required <strong>once you start working and earn above a threshold<\/strong> (around R30,000 annually, but subject to change).<\/p>\n<hr \/>\n<h2>\ud83d\udd04 NSFAS Loan Repayment<\/h2>\n<p>Repayments are:<\/p>\n<ul>\n<li><strong>Income-contingent<\/strong> \u2013 you only repay when you can afford to.<\/li>\n<li>Administered by <strong>DHET (Department of Higher Education and Training)<\/strong>.<\/li>\n<li><strong>Interest-bearing<\/strong>, but interest rates are low and favorable.<\/li>\n<\/ul>\n<p>You can also apply for a <strong>partial loan conversion to a bursary<\/strong> if you perform well academically.<\/p>\n<hr \/>\n<h2>\ud83d\udd01 How to Appeal a Rejected NSFAS Application<\/h2>\n<p>If your application is rejected, you may submit an appeal via your MyNSFAS portal:<\/p>\n<ol>\n<li>Log into your MyNSFAS account.<\/li>\n<li>Click on <strong>\u201cTrack Funding Progress\u201d<\/strong>.<\/li>\n<li>If rejected, click on <strong>\u201cSubmit Appeal\u201d<\/strong>.<\/li>\n<li>Upload any missing or corrected documents.<\/li>\n<li>Provide a clear explanation or motivation.<\/li>\n<\/ol>\n<hr \/>\n<h2>\ud83d\udcf1 NSFAS Contact Information<\/h2>\n<ul>\n<li><strong>Website<\/strong>: <a href=\"https:\/\/www.nsfas.org.za\/\">https:\/\/www.nsfas.org.za<\/a><\/li>\n<li><strong>Email<\/strong>: <a href=\"mailto:info@nsfas.org.za\">info@nsfas.org.za<\/a><\/li>\n<li><strong>Toll-Free Number<\/strong>: 08000 67327 (Monday\u2013Friday, 8 AM\u20135 PM)<\/li>\n<li><strong>Twitter<\/strong>: <a href=\"https:\/\/twitter.com\/myNSFAS\">@myNSFAS<\/a><\/li>\n<li><strong>Facebook<\/strong>: <a href=\"https:\/\/www.facebook.com\/myNSFAS\">NSFAS<\/a><\/li>\n<\/ul>\n<hr \/>\n<h2>\ud83d\udcdd Final Tips Before Applying<\/h2>\n<ul>\n<li>Apply <strong>early<\/strong> to avoid system overload near the deadline.<\/li>\n<li>Use <strong>your own email and cellphone number<\/strong> (do not use someone else\u2019s).<\/li>\n<li>Double-check that all your documents are <strong>certified and legible<\/strong>.<\/li>\n<li>Keep a <strong>copy of your submission confirmation<\/strong> for reference.<\/li>\n<\/ul>\n<hr \/>\n<p>By following this guide, you can confidently apply for NSFAS funding and move one step closer to achieving your academic and career dreams\u2014without the burden of immediate financial pressure.<\/p>\n<p>&nbsp;<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>When resigning from a job, an employee may ask what their employer can do if they don\u2019t give the notice that is required by their employment agreement. After all, you can\u2019t force someone to work for you. There are two actions an employer can take in such situations. The most common is to get reimbursement\u2026 <span class=\"read-more\"><a href=\"https:\/\/uni1.co.za\/articles\/what-happens-if-you-quit-without-notice\/\">Read More &raquo;<\/a><\/span><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-22315","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/uni1.co.za\/articles\/wp-json\/wp\/v2\/pages\/22315","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/uni1.co.za\/articles\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/uni1.co.za\/articles\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/uni1.co.za\/articles\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/uni1.co.za\/articles\/wp-json\/wp\/v2\/comments?post=22315"}],"version-history":[{"count":0,"href":"https:\/\/uni1.co.za\/articles\/wp-json\/wp\/v2\/pages\/22315\/revisions"}],"wp:attachment":[{"href":"https:\/\/uni1.co.za\/articles\/wp-json\/wp\/v2\/media?parent=22315"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}