Resignation

What recourse does an Employer have if an Employee does not give the required notice when he or she Resigns?

Unfortunately, it happens quite often that an employee resigns by giving 24 hours’ notice, or no notice at all, despite the fact that they entered in a Contract of Employment with the employer in which they undertook to give the minimum notice when they resigned. In terms of Section 37 of the Basic Conditions of [...]

2017-10-11T11:27:37+00:00February 16th, 2016|Resignation|Comments Off on What recourse does an Employer have if an Employee does not give the required notice when he or she Resigns?

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+00:00January 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+00:00November 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+00:00November 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+00:00July 13th, 2015|General, Resignation|Comments Off on Resignations – what are the employers rights? | Labour Guide