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Dismissal

Can you dismiss picketing workers during a strike action?

The threat of strike action, which is usually accompanied by picketing (that easily develops into violence and blockades), is a chilling reality. Unions have succeeded in entrenching their right to picket in labour legislation and employers are scrambling to protect themselves from the damage that picketing can cause. Many employers have tried to enter into picketing rules with unions and/or employees to ensure that pickets are peaceful and not obstructive to the business. However, these agreements are often flawed and, more often, are not adhered to.

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Should you reinstate someone in a constructive dismissal case?

For anyone who knows anything about South African labour law, this question seems absurd because, by definition, constructive dismissal only occurs once an employee has resigned. This means that to succeed in a claim of constructive dismissal, an employee must prove he resigned after he used all the company's internal dispute-resolution procedures and only resigned, as a last resort, because continuing to be employed at that company would've been unbearable. So if the employee resigned because he could no longer stand to work at the company, why would you consider reinstating him?

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What are your compliance obligations regarding settlement agreements?

For many employers, settlement agreements are a quick, easy and cost-effective way to terminate an employee's tenure. Few realise that these settlements may very well turn out to be much more costly than they ever imagined.

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Constructive dismissal: resignation roulette

Resignation roulette

Employers are sometimes surprised when they receive a CCMA referral for unfair dismissal – brought by an ex-employee who wasn't dismissed but resigned. This unwelcome phenomenon is called 'constructive dismissal'. Read on to find out more.

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Be 100% sure of your facts before you dismiss

South Africa’s government has implemented a set of labour laws that, over the years, have become immensely restrictive on employers. Government has done so in the name of fairness for employees. However, many employers do not gather enough proof before they dismiss an employee…

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