Calendar Month Definition Legal South Africa
In interpreting the meaning of calendar month as used in the termination clause the court considered the interpretation act and the basic conditions of employment act which both define a month as a calendar month. A calendar month is a month according to the almanac or common calendar.
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In 2009 the court in samro v mphatsoe samro considered whether this phrase meant.
Calendar month definition legal south africa. In interpretation of statutes professor g e. Month means a calendar month. Custom calendar make advanced customized calendars.
The employer contended that a calendar month only begins to run on the first of a month february in this case and the notice period expires on 29 february. By joy walker candidate attorney and talita laubscher partner in the employment and benefits practice at bowmans the interpretation of a month s notice in a termination clause and whether a qualifier such as a calendar month s notice bears any significance has been the subject of debate in. Date calculator add or subtract days months years.
A calendar month need not necessarily run from the beginning of a month. Monthly calendar shows only 1 month at a time. Printable calendar pdf calendars especially made for printing date calculators.
Each calendar month shall end on the day immediately preceding the beginning of the next succeeding calendar month. A calendar month need not necessarily run from the beginning of a month. Oath and affidavit in the case of persons allowed by law to affirm or declare instead of swearing include affirmation and declaration and swear in such case includes affirm.
However the application of this definition is ambiguous. What is one month s notice. A calendar month is therefore not a fixed number of days but varies according to the actual month concerned.
Means the period of time beginning on the numeric day in question in a calendar month and for calendar months thereafter beginning on the earlier of i the same numeric day of the next calendar month or ii the last day of the next calendar month. The interpretation of a month s notice in a termination clause and whether a qualifier such as a calendar month s notice bears any significance has been the subject of debate in our law for some time. The first day of the period is included and the last day excluded.
Calendar generator create a calendar for any year. Devenish describes a calendar month as. In support of his argument the employee cited the interpretation act 33 of 1957 and interpretation of statutes juta co.
In ascertaining a certain number of calendar months the civil method of computation is used. Any 30 day period with the result that notice may be given on any day of the month and. In the absence of any clear indication to the contrary to be found in the words used in any particular legislation a calendar month running from an arbitrary date expires with the day in the succeeding month immediately preceding the day corresponding to the date upon which the period starts.
A calendar month is therefore not a fixed number of days but varies according to the actual month concerned. Month means a calendar month. Duration between two dates calculates number of days.
Since these definitions are of limited assistance the court held that the term had to be interpreted by looking. A calendar month is a month according to the almanac or common calendar.
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