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Employment Termination

How to prepare your next disciplinary case

While acting as a CCMA arbitrator and chairperson of disciplinary hearings, I have noted numerous reasons why employers lose dismissal cases at the CCMA.

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When a retrenchment is unfair, what happens to the severance you’ve already paid the employee?

 

In the recent unreported case of Coca Cola South Africa (Pty) Ltd v Ndlovu and others (case no D813/11 delivered on 7 May 2013), the Labour Court dealt with the issue of if severance pay: Must be taken into account when an employee is awarded compensation if it is found that he was unfairly dismissed.

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Retrenchment: Get it right or face legal exposure!

When times are tough and revenues are slipping, companies are typically forced to look at cutting costs. Once all possible cut-backs in areas such as in training, travel and marketing have been made, companies inevitably start focusing on their biggest expense - labour.

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What is the difference between desertion and resignation?

When your employee leaves your work premises, without permission, but does not intend to return, is this a case of desertion or resignation?

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Can an employee withdraw his resignation?

Resignation is known in law as a ‘unilateral act’. This means that to be effective, the person at whom the action is directed (in this case, the employer) doesn’t need to cooperate.

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