This follows Sidilega having given Modisadife an employment contract and told her they would tell her to report for work, but the hospital never made the call. Now, Sidilega will have to fork out for work she never did. While waiting for the call, Modisadife had no idea that her employer had terminated her contract. Fortunately for Modisadife, the hospital's egregious termination of her employment will see her being paid a whopping P158,868. Judge Isaac Lesetedi said in the absence of any termination of a contract, the employee was entitled to her salary. “The complainant and the hospital entered into a contract of employment on December 19, 2019, which contract is in subsistence until lawfully terminated.
The hospital is in breach of its contractual obligation in failing to pay the complainant her monthly salary,” he said. Lesetedi ordered the hospital to pay the salary arrears from the date of the contract up to March 23 when the contract was terminated and also pay the cost of the suit emphasising that it was in the hospital’s power at all material times to lawfully terminate the contract. He explained that the contract had a provision with a mechanism for its lawful termination on one month’s notice or the pay of one month’s salary in lieu of such notice. “Yet Sidilega did not invoke this clause. Even at an earlier stage during the probatory period, they did not elect to utilise the termination clause on a shorter notice period provided for in the letter of offer. It has always been up to them to lawfully terminate the employment contract if so advised,” he said.
