resignation

Does resigning after being notified of disciplinary action constitute a constructive dismissal?

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. [...]

2022-03-11T14:05:43+02:00March 11th, 2022|Resignation|Comments Off on Does resigning after being notified of disciplinary action constitute a constructive dismissal?

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

The Effect of a Resignation on the Employment Relationship

A resignation in terms of South African law is described as a unilateral termination of a contract of employment by an employee.   In some instances, employees elect to resign when a better position becomes available, family responsibilities change or when an employee wishes to pursue another career opportunity altogether. In other instances, employees elect [...]

2020-10-14T14:45:22+02:00October 14th, 2020|Contracts|Comments Off on The Effect of a Resignation on the Employment Relationship

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

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
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