Resignation by an employee as a method to avoid Disciplinary Measures

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, [...]

2021-04-14T09:51:29+02:00April 14th, 2021|Resignation|Comments Off on Resignation by an employee as a method to avoid Disciplinary Measures

My Employee Wants to Resign, What Now?

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 [...]

2021-03-17T17:07:04+02:00March 17th, 2021|Resignation|Comments Off on My Employee Wants to Resign, What Now?

Standard Bank of South Africa Ltd v Nombulelo Chiloane (case no. JA85/18)- Bringing finality to the debate of resignations with immediate effect to escape disciplinary action

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 [...]

2021-01-20T12:35:34+02:00January 20th, 2021|Resignation|Comments Off on Standard Bank of South Africa Ltd v Nombulelo Chiloane (case no. JA85/18)- Bringing finality to the debate of resignations with immediate effect to escape disciplinary action

The effect of resignation prior to a disciplinary hearing

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 [...]

2020-02-07T10:01:52+02:00February 7th, 2020|Resignation|Comments Off on The effect of resignation prior to a disciplinary hearing

Should an employee who resigns after being found guilty at a hearing be afforded the opportunity to refer an unfair dismissal dispute to the CCMA?

The Labour Court confirmed in Mafika v SA Broadcasting Corporation Ltd (2010) 5 BLLR 542 (LC), that a resignation is a unilateral termination of a contract of employment by the employee.   In a case before the Labour Appeal Court, Kynoch Fertilizers Limited v Webster (1998) 1 BLLR 27 (LAC), the employee was found guilty [...]

2019-03-08T09:36:33+02:00March 8th, 2019|Dismissal, Resignation|Comments Off on Should an employee who resigns after being found guilty at a hearing be afforded the opportunity to refer an unfair dismissal dispute to the CCMA?

Constructive Dismissal

A further form of statutory dismissal is the termination of the contract of employment by the employee with or without notice or leaving employment due to unfair pressure, unreasonable instruction or unbearable conduct on the part of the employer. […]

2017-10-11T11:23:20+02:00January 14th, 2016|Dismissal, Resignation|Comments Off on Constructive Dismissal

Constructive Dismissal

It often happens that an employee resigns from the workplace and thereafter refers a case to the CCMA alleging unfair dismissal. Many employers don’t realise that even though an employee has resigned voluntarily, this may amount to a dismissal. Such a dismissal is termed “Constructive dismissal” […]

2017-10-11T11:16:42+02:00November 26th, 2015|Dismissal, Resignation|Comments Off on Constructive Dismissal

Desertion in the workplace: How to shift the blame

An employer is often faced with a situation where an ex-employee shows up at the workplace to come and collect his/her “Blue Card”, a terminology used in relation to an UI-19 form. Your HR department, would have already notified the Department of Labour that you have stopped making any further contributions for this specific citizen, [...]

2017-10-11T11:15:50+02:00November 5th, 2015|Contracts, Dismissal, Resignation|Comments Off on Desertion in the workplace: How to shift the blame

Resignations – what are the employers rights? | Labour Guide

 We often get questions from employers hinging around employee resignations, such as "must it be in writing" or "can I accept it verbally?" "The employee resigned but now wants to withdraw his resignation - must I allow this?" And so on. In Quinn / Singlehurst Hydraulics (SA) Ltd [2005] 6 BALR 67   Employees are [...]

2017-10-11T11:09:32+02:00July 13th, 2015|General, Resignation|Comments Off on Resignations – what are the employers rights? | Labour Guide
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