Esther was employed by Kufuma (Pvt) Ltd as a secretary. Upon commencement of her employment she signed a document headed ‘contract of employment’ whose contents included the following:(a) The employee was to be bound by the Labour Act [Chapter 28:01] and Regulations made under it.(b) The employer can summarily terminate the contract in the event of gross misconduct as defined in the company’s code of conduct.(c) The employee will not be paid for time spent on trade union or workers’ committee activities.(d) The employer reserves the right to vary the employee’s job description and terms and conditions of work.In the course of time Esther became pregnant and sought to go on maternity leave. She was granted such leave in terms of the Labour Act. Upon her return, she was given work in a different department, which was slightly below that of a secretary. The employer relied on clause (d) above, as authority for its decision. Esther protested and she now wants to leave Kufuma (Pvt) Ltd’s employment immediately.Required:In relation to employment law, advise Esther on whether or not she can lawfully leave the employer immediately and without notice. (10 marks)
