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 [...]
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 [...]
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, [...]
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  6 BALR 67 Employees are [...]