Results for resignation 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

Resigning to avoid disciplinary action? Not so fast...
Resigning to avoid disciplinary action? Not so fast...Article

A common occurrence in the employment relationship is for an employee to resign in the face of disciplinary action by an employer, and South African courts have previously accepted that as long as an employee resigns with immediate effect, the employer has no power to compel the former employee to go through any disciplinary process...

Bradley Workman-Davies and Neo Sewela 15 Dec 2020

Resigning after disciplinary action but before sanction - what is the legal effect?
Resigning after disciplinary action but before sanction - what is the legal effect?Article

The Labour Court in a recent judgment considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction...

Mpumelelo Nxumalo, Nivaani Moodley and Shane Johnson 14 Oct 2020

6 steps to resigning gracefully
6 steps to resigning gracefullyArticle

So, you've decided to move onwards and upwards from your current job, accompanied by the fantasy of finally venting your frustrations to your boss or colleagues. And while that may be cathartic for your soul, it is important to rather wrap up your current position in a professional manner...

Dr Linda Meyer 11 Dec 2019

Resignation with immediate effect - separate rulings confuse the matter
Resignation with immediate effect - separate rulings confuse the matterArticle

It is trite law that certain prescribed periods of notice become applicable upon termination of any employment relationship between an employer and an employee...

Sandile Tom 2 Dec 2019

Can you still discipline an employee after they resign with immediate effect?
Can you still discipline an employee after they resign with immediate effect?Article

Employees often resign with immediate effect when facing disciplinary action, leaving employers unsure of whether they can continue with an intended disciplinary action...

Lizle Louw and Dumisani Ndiweni 1 Jul 2019

You can't fire me, I resign!
You can't fire me, I resign!Article

The past year has seen many high level execs resign rather than face a disciplinary inquiry. This raises the question: does a company have any right to reject a 'resignation with immediate effect' and make the employee go through the disciplinary process...?

Shan Radcliffe 18 Mar 2018

Refusal to accept retracted resignations does not constitute dismissal
Refusal to accept retracted resignations does not constitute dismissalArticle

The CCMA has ruled that that the withdrawal of resignation cannot have any effect unless the employer consents to such withdrawal...

Andre Van Heerden and Jacques van Wyk 13 Sep 2017

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