Resignation or Dismissal? The question of whether an employee resigned or was dismissed is a frequent point of contention at the CCMA. In many cases, the employee insists they were dismissed, while the employer maintains that they resigned voluntarily. The difficulty in distinguishing between the two can lead to significant disputes, making it crucial for [...]
The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act 75 of 1997 (BCEA) takes precedence over the explicit terms of a contract of employment. Employers may also be uncertain about the implications of a resignation letter with the [...]
Our previous article, "So, are you staying or going?", discussed the factors to consider when evaluating whether an employee resigns without confirming their intention in writing. The courts have held that the employee must prove a clear and unambiguous intention not to go on with the contract of employment by words or conduct that would [...]
A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes the employee refuses to confirm their resignation in writing. Under these circumstances, determining whether the employee has resigned can create confusion for [...]
Employers are often faced with a scenario where an employee, who is due to be subjected to a disciplinary hearing, elects to resign with immediate effect. This has proven to be a contentious issue in the past, with many employers finding themselves forced into accepting resignations- particularly in instances where they would elect not to. [...]
It often happens, that employees, after having tendered their resignation, will refer a dismissal dispute at the CCMA and claim that they were in fact dismissed by the employer. At first glance, these disputes appear to be unproblematic as the employer intends to argue that they had no part to play in the termination of [...]
It is trite that a resignation is a unilateral act by an employee that does not require the employer’s acceptance. The employment contract usually makes provision for notice periods that an employee must work subsequent to him resigning. If a contract of employment does not make provision for the notice period that must be worked, [...]
It happens all too often that Employers find themselves at the CCMA, after former employees, who have resigned, refer disputes for unfair dismissals or constructive dismissals. Employers, upon their arrival at the CCMA to contest these matters, are often surprised by the allegations which their former employees now make, which have led them to [...]
In this case, the employee was given notice to attend a disciplinary hearing. The employee cashed a cheque without following proper procedures. It later transpired that the cashed cheque was fraudulent, which caused the employer a loss of approximately R30 000.00. On the day that the employee received the notice to attend the disciplinary [...]
An employee has the right to resign and tender his or her resignation at any time, provided that the resignation does not place the employee in breach of contract. An employee who resigns in order to avoid a disciplinary hearing from taking place must remember that upon tendering a letter of resignation, the contract [...]