LEGAL PRINCIPLE: LABOUR LAW – Contract with Statutory Flavour – Void Termination Cannot Be Ratified by Employee’s Conduct
PRINCIPLE STATEMENT
Compulsory retirement on grounds of misconduct that is void for non-compliance with statutory requirements cannot be rendered valid because the employee applied for benefits under the retirement.
RATIO DECIDENDI (SOURCE)
"The compulsory retirement of appellant on grounds of misconduct under Section 12(1) is void. It cannot be rendered valid because appellant had applied for benefits thereunder."
EXPLANATION / SCOPE
Void acts cannot be ratified or validated by subsequent conduct. Where termination violates mandatory statutory procedures, it’s void ab initio (from the beginning). The employee’s application for retirement benefits doesn’t waive the illegality or estop them from challenging the termination. The principle prevents employers from benefiting from their statutory violations through employees’ pragmatic responses (claiming benefits while challenging termination). Void acts are legal nullities—no conduct can cure fundamental jurisdictional or procedural defects. This protects statutory employment protections from being undermined through implied waiver or estoppel. Employees can challenge void terminations while simultaneously claiming benefits as a protective measure.