Results for dismissal procedure

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Resignation or dismissal? Be aware of what you say...
Resignation or dismissal? Be aware of what you say...Article

The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate...

Bradley Workman-Davies 15 Apr 2021

Let's get constructive about constructive dismissal - you can still be fired
Let's get constructive about constructive dismissal - you can still be firedArticle

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: say "constructive dismissal" and you have everyone's attention...

Johan Botes 26 Jan 2021

Dismissed without an enquiry? When is it legal...
Dismissed without an enquiry? When is it legal...Article

Labour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory...

Bradley Workman-Davies 13 Jan 2021

Paying the price for unfair procedure
Paying the price for unfair procedureArticle

The Labour Court delivered its judgment in the matter of Satawu and Others v Sihlangene Security & Cleaning CC and Another on 27 March 2018, whereby the court showed its displeasure for a complete absence of prior procedure followed when dismissing employees.

Tracy Robbins 17 May 2018

Is a disciplinary hearing still valid if it is not formal?
Is a disciplinary hearing still valid if it is not formal?Article

A recent judgement on an informal disciplinary hearing has indicated that procedural fairness is determined on a case-by-case basis and that a disciplinary enquiry need not always be ‘formalistic'...

Ndumiso Zwane, Bheki Nhlapho and David Pule 12 May 2017

Photographer: Robbie Tshabalala Image source:
Edcon staff fail in court bid to be reinstatedArticle

Thousands of workers retrenched by the Edcon group in 2013 and 2014 have had their hopes of reinstatement dashed by the Constitutional Court...

Ernest Mabuza 25 Jan 2016

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