Above all else dismissals must be substantively fair

According to the law, for a dismissal to stand it needs to be procedurally and substantively fair. In other words, the way in which the dismissal was carried out needs to be fair as does the reason for said dismissal. However, there are circumstances in which a...

How does constructive dismissal work?

The term ‘constructive dismissal’ means that an employee terminates his or her employment contract with or without notice. However, this resignation is not on an entirely voluntary basis. In other words, a constructive dismissal was caused by something that the...

Resignations are a one-way ticket!

Employees – for a variety of reasons – resign. Some, after reflection, have a change of heart after they have given more thought to it. They then want to retract their resignations. What position does this leave you in, as the employer? Do you have to...

The first in a long line of equal pay cases

The issue of equal pay is one that South African employers and employees are grappling with at the workplace. Many of these issues are now ending up at the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA case below starts to grapple with some...