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 [...]
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 [...]
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. […]
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” […]
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, [...]