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There is nothing in the South African Constitution – or any other law in South Africa – which prevents an employer from implementing a compulsory vaccination policy at organisations. The Direction on Occupational Health and Safety is the guideline law that requires you to consider the Constitutional rights of employees in implementing policies – such as a vaccination policy – specifically when it comes to the future employment prospects of employees. The route regarding the implementation of a compulsory vaccination policy is clearly laid out in the Direction and this requires a proper analysis as to why the organisation would require this type of policy at the workplace. If your employees are in close contact in your workplace, and this close proximity is a requirement for them to do their jobs, then there needs to be a consultation process which the recognised trade union (if the organisation has one) and the Occupational Health and Safety committee need to be a part of. After this process, an employee’s refusal to be vaccinated could result in their dismissal. During the compulsory vaccination implementation process, employers will need to take into account religious, medical safety, cultural, and other similar objections of the employee who refuses to get the vaccination. Of course, whether your policy is fair and reasonable could eventually be adjudicated by a dispute resolution body like the CCMA, Labour Court, Labour Appeal Court, and eventually the Constitutional Court. It is my opinion that after such a procedure – and having a good rationale (an inherent requirement for doing a compulsory vaccination at a workplace) – eventually, the likely dismissal would be one based on operational requirements. The interesting case would be that you could then, as an alternative to dismissal after refusal of a vaccination, follow the retrenchment process in sections 189 or 189A pf the Labour Relations Act. The organisation could offer no retrenchment package as a reasonable alternative to a job that had been offered – that reasonable alternative being a vaccination with all the necessary protocols in place. Always Have Clear-Cut Policy The above process includes a fair, reasonable, and justifiable vaccination policy, a process to engage with employees to understand the underlying rationale of the refusal, and to determine the underlying employees’ concerns as well as how they could be addressed. In determining the risks of having unvaccinated employees at the workplace, an employer could consider various factors including – but not limited to – the types of vaccinations employees have taken and the efficacy of specific vaccines against the transmission of COVID-19. With the rise in the Delta variant, we can see that this is highly transmittable. This is therefore further support of the inherent requirements of compulsory vaccination and a justifiable rationale for workplaces. We know that the Department of Health was very keen on a compulsory vaccination policy hence the inclusion thereof in the Direction. If you would like to contact me to discuss the implications of a COVID-19 vaccination policy in your workplace, please email me at johnny@globalbusiness.co.za .

As our world gets busier, our phones get beepier and meetings are scheduled back-to-back, the scarcest resource of all is time. Life in a world of doing accelerated by technology, speed, profitability, and change has made us forget about the world of being, which thrives on human connection. This includes being connected to our own needs and personal energy. Many of us have “mastered” the art of making a living but we have forgotten how to make a life. The treadmill of life is only getting faster, and many just can’t seem to get off. Living in the Fourth Industrial Revolution and being ‘on the cusp’ of the fifth one, we should be thinking of ways to make the world ‘better’ rather than just ‘more efficient’ or ‘more productive’? However, research conducted by Metcalf showed that there is an increased expectation to deliver results faster. (Metcalf, 2021) More Data Vs Less Common Sense? How is it then that we have so much knowledge at our fingertips, more experts, and more data, yet we seem to have less common sense, less willpower, and less fulfillment? We are aware of the impact of making healthy choices for ourselves but because of a need for more efficiency and higher productivity, we continue to abuse our bodies and minds with bad food, lack of exercise, poor sleep, and excessive linkage to technology. Many of the leaders and employees we advise, will tell us, “It’s so busy, I can’t afford to…not have my emails on my phone, take lunch, or book reflection time in between meetings.” The truth is that by not creating personal psychological boundaries and making time to re-energise, is doing both you and your organisation a great disservice. This is evident in the disconnection seen in the modern workplace, such as burnout, job dissatisfaction, absenteeism, abuse of sick leave, high turnover, and adherence difficulties. We Cannot Be Productive If We Do Not Put Our “Oxygen Mask” First When traveling by airplane, the passengers are always reminded to put the oxygen mask first before attempting to help others. Why is it that we do not listen to this advice when it comes to workplaces? Without tapping into one’s inner resources to manage energy meaningfully and effectively, our performance and time spent will not be optimal. While the sheer enormity of the tasks we face each and every day may seem overwhelming, awareness is the first step towards change – and it is reassuring that research shows that there is growing momentum in the right direction. Attend ‘ Time Management Vs Energy Management Course – Presented By Circle & Square If you have a group of people who want to do this course, we’re able to run it as an in-house course. If you’d like to chat with us further about this course, please connect with us. It is time to slow down the treadmill and take stock.

Your workforce and employee performance are the lifeblood of your company. But creating a good work environment involves more than putting a pool table or a ‘relaxation zone’ in the office. It involves helping your staff develop both as individuals and as part of your team. This is where the importance of a sound employee performance management policy cannot be understated. There are many benefits of a well-crafted employee performance management system policy. Here we share just two thoughts for your consideration: It promotes open and constructive communication. Transparent and honest communication promotes high morale, cohesion, and trust among your staff. Employees need regular, quality feedback on their performance. They also need specific details on how they can improve. It increases productivity and reduces costs. Overall, an ongoing focus on performance management provides better business results: It keeps the focus on key goals, reduces costs and drives profitability. Should you want to discuss this or any of their services further, contact Ryan Coates by e-mail at ryan@reddotnow.com . Red Dot Now provides accounting, payroll and tax compliance services using the best-of-breed online technology.

We are in a time of tremendous change… this is a change that came about without anyone asking for it or volunteering that it arrives on their doorstep. But as we have come to realise, whether we like it or not, we are unable to control the external factors in our world. To quote Thomas Paine: “These are the times that try men’s souls.” Where we need to shift our mindset is from one of wanting to control the external factors that are making us feel disempowered and alienated to one where we can feel empowered and involved. While we are unable to change what is going on around us, we are able to be in control of our own personal worlds. What Does This All Mean? This means that there are certain elements that are in our control and the power we have in this realm, is to make a CHOICE! It is during these times of crisis when either the worst or the best in people, emerge. We can choose whether we want to be leaders or victims. Choose whether we want to be fearful or courageous. Choose to become a Hero – a hero of love, dedication, sacrifice, leadership, clarity, resilience, wisdom, and deep spirituality and faith. This is a time when we can choose clarity, resolve, and strength. A time when we can choose to feel inspired and be an active participant in becoming the greatest and best version of ourselves. Allowing our inner strength to emerge. HOW? In practice, a very simple yet impactful tool is the skill of listening. Listening in the true sense of the word… with attentiveness. Giving the people around us, whether in person or virtually (by phone or Zoom) a safe space in which to honestly share where they are at and show their true feelings and emotions. While providing this space for the other person, we need to be fully present. Keeping our cameras on, nodding our heads, asking questions that relate to what is being said, and not looking at how to shorten the engagement by ‘problem-solving’ are just some of the small yet profound behaviours we can display to be a support for the people around us. Let us choose for this to be a time when we can make our own worlds thrive and become the greatest and best versions of ourselves. Make the choice to be a leader – to yourself, your family, loved ones, friends, and your community. And a leader to the world. If you want to discover more about making choices to safeguard your energies and prevent burnout, you need to attend our Time Management Vs Energy Management Course on 22 July. If you have a group of people who want to do this course sooner, we’re able to run it as an in-house course.

A question often asked of job applicants in interviews is: “Where do you see yourself in three years from now?” This telling question is answered mostly in a manner that will hopefully impress the interviewer. However, the true answer to this question lies within the answer to the question relating to one’s daily routine as highlighted by John Maxwell and other authors. Whatever you do with your limited time will determine the outcomes that will manifest. It is a law of nature. In today’s world, and in our daily routine, we suffer from a time famine: not enough time to do the things we need to and want to do. All too often, organisations fail to consider the management of personal energy and the effect this might have on productivity and employee well-being. This is evident in the disconnection seen in the modern workplace, such as burnout, job dissatisfaction, absenteeism, abuse of sick leave, high turnover as well as adherence difficulties. Without tapping into one's inner resources to manage energy meaningfully and effectively, our performance will not be optimal. Employers will be well-positioned to engage with employees and run programmes focused on areas such as: Understanding personal energy, The Psychology of Burnout and Recovery, The Neuroscience of Energy, The importance of self-preservation, Tools and techniques to enhance personal energy, Understanding the importance of psychological boundaries, and The Theory of Cure vs Care It is time for you to make the connection of ultimate concern. Connection is not just a skill – it is an art, just as living is an art. And if you want to learn how to connect you have to proceed as you would with any other art. So step one is to know the theory of connection but now we have to go one step further and make the connection of ultimate concern. But why would you want to make a connection of ultimate concern? The truth is, whether you like it or not, you have to take it on and you need to adopt this way of thinking with your employees. Connection equals health and as we grow more disconnected in this square world – disconnected from our land, our families, and our communities, so we have more of a need to make connections of ultimate concern if we value health. So we are here today to make the connection of ultimate concern because we are firm believers that it is the ultimate goal for health in our daily routine both at home and at work. Our vision, at Circle & Square, is to humanise corporate South Africa by making use of the skills and insights of clinical psychology in addition to our proprietary Circle & Square methodology. We are proud to be preferred partners to Global Business Solutions and would be honoured to share our insights with your organisation. Pop us an email at connect@circleandsquare.co.za – we’d love to chat with you!

We all know that diversity in teams allows them to perform better when there is a sense of inclusion and belonging. This is mostly because every human being is unique and therefore brings unique individual perspectives that emanate from different characteristics, backgrounds, values, skills, and experiences. This in turn enhances creativity and innovation. Research has also shown that diverse work teams provide a competitive advantage which results in better profits. The Employment Equity Act and our Constitution promote a diverse working environment by putting an obligation on employers to not unfairly discriminate against any employees on either prohibited or arbitrary grounds. When conducting due diligence proceedings on the representativeness of the employment equity steering committee, most employers ensure that the committee represents designated and non-designated groups, all occupational levels, and all workplaces. But doesn’t workplace diversity mean much more than that? The Employment Equity Act specifies that discriminating against an employee on the basis of race, gender, sex, pregnancy, marital status, family responsibility, ethnic social origin, colour, sexual orientation, age, disability, religion, and HIV status is prohibited. It is well worth noting that diversity and inclusion go way beyond race and gender. So, if you consider the aforementioned prohibited grounds: How informed is your committee on these aspects that can often become a barrier to workplace inclusion and can also have a significant impact on individual performance? To what extent are issues of age, marital status, religion, sexual orientation, and gender barriers towards workplace inclusion and belonging in your workplace? How tolerant are other employees when they deal with their colleagues’ seemingly “different” cultures, beliefs, sexual orientations, and transgender statuses? If employment equity steering committee members cannot personally relate to at least these key aspects, then they should explore other avenues to gain a better understanding of the workplace experiences of the employees they represent at this forum. While diversity and inclusion training should be the first step for the committee, as well as diversity and inclusion awareness sessions for all employees, establishing smaller focus groups – who represent identified areas of diversity and can keep the committee informed on special events and critical aspects – will also be valuable. This can also be augmented by establishing open channels of communication (anonymous ballot boxes and online surveys can both work well) which will provide employees with a platform to informally share information on their own personal experiences in the workplace, from their unique perspectives. A good case in point is Eid al-Fitr, a religious holiday that is celebrated by Muslims worldwide and which marks the end of the month-long fasting of Ramadan. This year it began on the evening of 12 May and ended on the evening of 13 May 2021. Coincidently, 13 May 2021 was also the Day of Ascension, which is a very important holy day for Christians, who commemorate the ascension of Jesus on this day. Neither of these days appears on the public holiday schedule of South Africa, but it still remains an important day. How are you treated these days in your workplace? If you totally ignored it, and at least you were consistent, if you only recognised one of them and ignored the other, you may have unintentionally discriminated against some of your employees. If diversity matters, hearing the voice of the diverse workforce matters even more. And then, acting appropriately upon what you hear, matters the most. Please do get in touch with me, at marianne@globalbusiness.co.za if you have any HR-related matters in your organisation that you need assistance with.

Peter Drucker is often misquoted as saying “you can’t manage what you can’t measure”, and whilst he might not have said those words precisely, he certainly did teach the importance of having clarity for both employees and managers. The Covid 19 pandemic has fundamentally shifted the way the world works and with many businesses and individuals realising that being office-based or working the same hours is not necessarily required, it’s highly likely that many will opt for remote and flexible working options long after we’ve got the virus under control. At the outset, many managers worried that they’d lose control of their employees working from home and imagined them slacking off, resulting in businesses introducing new systems for monitoring their teams and tracking time. More than a year later, the pendulum has swung the other way with managers – and employees – complaining that work has taken over with the pressure of being “always-on” and “work anywhere, anytime”. To regain balance, it’s critical that roles are properly defined and that output, not hours, becomes the focus of performance management. The clarity of a job profile and associated performance contract empowers both manager and employee to measure what matters, establish routines that fit the uniqueness of the circumstances, and enable boundaries to be maintained. And, at a time when many businesses have also had to rethink their plans, products, profit models, and people strategies, the time is ripe to relook at the organisation design (OD) and ensure it’s fit for purpose. OD Is Often Considered Non-essential When business is booming, the time is best dedicated to servicing customers rather than ensuring that job profiles remain up-to-date. Role shifts, skills requirements change, and the dailiness of what needs doing is very rarely documented accurately, creating numerous HR challenges. Key HR Tool Job profiles are a critical tool for effective HR management and should provide the key information related to the role. Profiles should be built conscious of not incorporating unnecessary barriers to transformation. Ideally, to maximise use across the employee life cycle and to encourage the transition of people and skills into and across the business, job profiles should be built making use of a competency framework and speak to more than just the duties and tasks associated with the role. By using competencies as building blocks, an organisation can create an integrated talent management network to ensure it hires, develops, and promotes the right people into the right positions. Further, by quantifying what is required and at what proficiency level (input), competency-based job profiles enable organisations to fairly assess and remunerate individuals relative to their unique match, and the requirements of the business. A competency framework provides a single source of truth and common language to be used across the organisation, in recruitment & selection, skills development, succession planning, and performance management. Output, Not Time Focus Whether working in-office, remotely, or flexibly, work should be measured on output rather than the number of hours put in. This switch means that individuals can be measured fairly on their productivity, as opposed to who puts in the longest hours. In addition to providing individuals with the opportunity to adjust their working hours to meet personal preferences, family responsibilities, or special circumstances, businesses benefit by focusing management efforts on quality and end results rather than playing policeman. Remuneration linked to output and performance will benefit both businesses and individuals alike as increased productivity translates to mutual value. Just as businesses experience changes linked to economic conditions and product life cycles, role outputs are likely to shift more regularly than the associated key performance areas. By drawing up relevant job profiles that focus on competencies and key performance areas, rather than nitty-gritty tasks and duties detail, these living documents have a longer lifespan. Performance contracts, linked to the job, which specify the expected outputs, can then be drawn up and adapted regularly. Unpredictable conditions and rapidly changing circumstances demand that performance contracts be established – and measured against – over a shorter time span, typically quarterly. Future-fit I am certain that most businesses have seen significant changes in the past eighteen months and that many employees have taken on different responsibilities, especially in the wake of restructuring and retrenchments. Are you – and your team – clear on what needs to be done, and by whom? Business and individual performance suffers because of uncertainty and the stress this creates. (Re)define the goalposts and see improvement in employee engagement, performance management, and business results. If you’re looking for assistance in updating your job profiles and performance contracts to meet the realities of today’s diverse workforce, please get in touch with me at natalies@globalbusiness.co.za.

Well before our current crisis, forward-thinking employers have been asking questions about approaches to the training and development of their people. 2020’s Entirely unexpected change, of course, has forced all employers to rethink how employees can be upskilled and developed, under very real budget constraints, to still strengthen organisational capabilities. With the Covid-19 third wave upon us, we are not going ‘back to normal’ anytime soon and if anything, the reskilling of employees is becoming a strategic imperative. For many employers, it has required some courageous decision-making as they’ve realised the seriousness and likely long-term effects of the Covid crisis, and they made it a priority to start looking for people development alternatives such as e-learning and virtual training, where possible. But for most employers, the biggest hurdle to overcome is that of funding and being able to identify external opportunities to fund and support their ongoing training and development plans. Enter the all-familiar Skills Development Levy Act and the need for those employers, who are not yet participating fully, to immerse themselves in this landscape. The Act makes provision for skills development by means of a levy-grant scheme, and the establishment of sector-specific Sector Education and Training Authorities – or SETAs – to administer the scheme’s funds and manage the skills development process. In essence, this Act provides that all organisations in South Africa with an annual wage bill of R500 000 or more must pay 1% of this bill as a levy (not to be deducted from the employees’ wages), to be collected by South African Revenue Services (SARS), on a monthly basis, together with PAYE and UIF. Once registered with a relevant SETA, employers may participate in levy grant schemes. Below is a useful checklist for employers to ensure that opportunities are maximised. Employer to register with SARS – The employer must register with SARS to pay its monthly SDL by completing form EMP. Submit Mandatory Grant Application annually to registered SETA – In order to receive payment of a mandatory grant, equivalent to 20% of the levy amount paid by the compliant and participating employer, firms need to submit (in advance) a workplace skills plan (indicating the planned training) and (after the training) an annual training report to the relevant SETA to which they pay the levy. – The submission period is fixed across all SETA’s and the annual due date is the 30th of April each year. Apply for Discretionary Grants (DG) annually with registered SETA – Be on the lookout for DG notifications from the registered SETA. Funding windows vary between SETAs. – Download the SETA Sector Skills Plan and navigate to the section that covers Skills Shortages/Critical Skills and Hard-to-Fill Vacancies/Scarce Skills. This will provide insight into which programmes will be supported through funding grants. 8.1 Employed Learners (Employees) 18.2 Unemployed Learners – Consider applying for Skills Programmes (accredited short courses); Learnerships/Apprenticeships and Bursary sponsorship. – Remember that SETAs are also open to accepting applications for non-accredited short courses. – Unemployed learners may be brought in on fixed-term employment contracts linked to the training programme which may assist with required people resources. – On a Learnership/Apprenticeship the grant will cover both the stipend (salary) as well as the cost of the training course. – SETAs are also making additional values available to purchase PPE for these unemployed learners. Tax Advantage – Section 12H of the Income Tax Act provides additional deductions to employers for qualifying Learnership agreements. – Training contracts that qualify for these deductions are Learnership agreements and apprenticeships registered with a SETA. – These additional deductions consist of an annual allowance and a completion allowance. The allowance value varies according to the qualification NQF Level, as can be seen from the table below: Qualification equal to NQF level 1 – 6 Qualification equal to NQF level 7 – 10 Annual Allowance R40 000 R20 000 Completion Allowance R40 000 R20 000 Addition Allowance in respect of a person with a disability R20 000 R30 000

In South African Broadcasting Corporation SOC Ltd v Phasha – (2021)30 LAC 1.11.9 , a General Manager was charged with misconduct and agreed to a hearing conducted by a CCMA Commissioner in terms of section 188A of the Labour Relations Act (LRA). The employee, upon learning it was Commissioner Phala, brought an application seeking the recusal of Commissioner Phala. According to her, he was the chairperson of a range of internal disciplinary proceedings involving staff of the employer, all of which had been conducted in the offices of their attorneys. She stated that she was suspicious of the long-standing relationship between Mr Phala and the firm of attorneys. In her view, there was a reasonable apprehension that she would not benefit from an impartial hearing. She contended that the matter should proceed before a Senior Commissioner who had not dealt previously with employment disputes involving the employer. The hearing was rescheduled for 11 December 2018. The notice of set down generated by the CCMA identified Mr. Terry Moodley as the Commissioner who was now to conduct the section 188A inquiry. And yet again, the employee was not satisfied with the appointment. According to the employee, “It then dawned on me that he had been the same Commissioner who had rendered an award of dismissal against Mr. Hlaudi Motsoeneng”. She thus launched another recusal application. Commissioner Moodley issued a ruling in which he found that her perception of bias was unreasonable and without a factual foundation. He dismissed her application. After the employee’s allegations in the recusal applications, the employer sent a letter requesting the employee to make representations as to why she should not be dismissed for making the recusal applications, alleging that their contents had breached the trust relationship and her employment contract (duty of good faith). The employee’s attorneys responded to the letter asserting her rights to a hearing, however, made no representations. The employee was therefore summarily dismissed. Labour Court The employee launched an urgent application in the Labour Court, alleging that the employer had breached her employment contract. The employee was of the view that her termination was unlawful. The Court held in favour of the employee and found that the summary dismissal was unlawful.SABC was interdicted from pursuing any disciplinary action against the employee except for an inquiry under section 188A and directed the Corporation to pay the costs on a punitive scale. Labour Appeal Court The SABC then approached the Labour Appeal Court. The employer contended, on appeal, that although the SABC’s Disciplinary Code was incorporated in the employee’s employment contract, a provision in the contract – which expressly entitled the Corporation to terminate the contract if the employee committed a material breach or the Corporation lost confidence in her – superseded the Code. The Labour Appeal Court noted that the consequences of the SABC’s argument would be that the contractual provision on which it relied would relieve the Corporation of the need to offer any form of hearing to an employee it decided to dismiss summarily. Turning to whether the SABC was entitled to abandon the section 188A process, the Court noted that disciplinary proceedings conducted under that provision are consensual. In this case, the process had commenced but did not proceed because of the Corporation’s reaction to the recusal applications. The Court found that the recusal applications amounted to independent acts of misconduct. The SABC was putting form over substance. The Corporation should have formally charged the employee with the additional misconduct and brought them within the scope of the section 188A proceedings. The Court added that the judgment should not be construed as suggesting that employers may not proceed with separate disciplinary measures in circumstances where a discrete act of misconduct occurred – which was unconnected -with charges that gave rise to a section 188A Arbitration. In this case, the unlawfulness of the SABC’s conduct rendered the employee’s dismissal void, and the employee was entitled to return to her position. However, this did not preclude the SABC from continuing with the section 188A hearing. Regarding section 188A hearings before a CCMA Commissioner, the key lesson is that you can always add charges after the process has started. This just means a slight delay but may be worth it and expedite a fair dismissal. Attend Global Business Solutions’ Mid-Year Labour Law Update: Challenges such as the one presented above often crop up in the workplace and can be quite tricky to handle if you don’t know which relevant case law you can rely on. Attend Global Business Solutions’ Mid-Year Labour Law Update and learn about relevant decisions that will assist you in your company.

In Mahlophe v ETA College – (2021) 30 CCMA 7.1, the term ‘implied resignation’ was developed. Here are the facts of the case so that you can learn more about it. The employee, a sports management lecturer at the Bloemfontein campus, decided to leave for Cape Town on 27 March 2020 in anticipation of the COVID-19 lockdown period. The employee did not communicate to her employer that she was in Cape Town. On approximately 13 May 2020, the employer and employee made contact. At that time, the employer had employed a temporary lecturer in the place of the employee due to communication issues between them. On 13 May 2020, the employee could not access the teaching portal as the temporary lecturer had been employed and was using the portal to facilitate online learning. The employee took the non-access of the teaching portal as a sign that she had been suspended. On the same day, the Regional Director of the employer stated that the employee needed only return to work when the lockdown was over. This was due to the difficulty in communication and connectivity the employer had with the employee after attempting to rectify the connectivity issues and even offering to pay for the employee’s return to Bloemfontein. On 15 May 2020, the employee received a TERS UIF payment, which she assumed was a sign of her dismissal. On 8 June 2020, the employer sent an email to the employee stating that she should report for duty on 10 June. Further unanswered instructions to report for duty were sent via email on 18 June 2020 and 22 June 2020. Due to the last correspondence not being answered, the employer assumed that the employee no longer wanted to work for them. The employee referred the matter to the CCMA, where WhatsApp messages, various documentation, and the UIF payment were given as evidence. The employee reiterated that she assumed she had been dismissed as she had received the TERS/UIF payment. The CCMA noted that the employee had not acknowledged anything with regard to the employer’s communication to report for duty on 8 June 2020. The Regional Director of the employer-provided evidence that the employee had been advised only to return to work when the lockdown restrictions were lifted, that there was difficulty in contacting the employee (which was the reason for employing a temporary lecturer), and that the payment that was paid to the employee as part of a TERS payment that the employee received as part of the COVID-19 relief scheme. The Regional Director further stated that when contact was made, after explaining the condition upon which the employee would return to work, the employee did not enquire about her employment status and there was no notice of dismissal. Because the employee had not responded to the employer’s call to report for duty, the employer argued that the employee had not been dismissed. The employer showed that the last correspondence had not been acknowledged by the employee and, by failing to do so, the employer would assume that the employer had no intention of resuming employment. The CCMA found no credibility in the assumption of the employee that she had been dismissed or suspended and found that the employee understood what a TERS payment was. The CCMA also found no reason why the employee had failed to report for duty, after being requested numerous times to do so. Due to the plausible arguments and evidence brought by the employer, the CCMA determined that the employee had no intention of honouring the employment contract and had abandoned it. The finding in Mnguni v CCMA and others [2015] ZALC JHB227 was referred to, where it was stated that a resignation can be done verbally, in writing or implicitly. The question came down to if a reasonable person would have come to the conclusion that, based on the conduct shown by the employee, the employee no longer had the intention to fulfil their part of the contract. The CCMA found it reasonable under the circumstances that the employee showed a clear and unequivocal intention not to return to work and that the employer was correct in assuming implied resignation. It was also stated that implied resignation did not amount to dismissal. The application for reinstatement and backpay was dismissed. Why You Need to Attend the Mid-Year Labour Law Update If you would like answers to pressing matters such as the one above then you need to attend Global Business Solutions’ Mid-Year Labour Law Update.