Pentz v Saul Solomon & Co [1880] ZASCCGH 13 (2 March 1880)

Act No. 18 of 1873, § 2, sub-sect. 2.-Termination of contract
of service.

P., a servant of S., a printer, got leave to quit his service without notice, provided he did not go into any other printing office. Subsequiently he was found with another printer and threatened with prosecution by S. unless he returnell to him. He retiwned to S.'s office and remained there to the end of the week, when he left without notice. He was prosecuted by S. before the Resident Magistrate under Act No. 18 of 1873, § 2, sub-sect. 2, and was convicted. Held, on appeal, that the permission to quit without notice had terminated the relations of master and servant between S. and P., that P.'s subsequent return did not create them, afresh, and that therefore he could not be prosecuted under the said Act.