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” […]
Many employers create policies that regulate the conduct of their employees. These policies will vary from workplace to workplace. Very often these policies are strictly enforced and carry harsh sanctions when transgressed, with dismissal being a possible sanction ¬even for a first-time transgression. In Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others (JA49/14)[2015]ZALAC [...]