Excerpt
When does a resignation count as a dismissal? We examine the legal test for constructive dismissal, key court decisions and practical steps for employees and employers.
When can a CCMA commissioner correct a jurisdictional ruling? Ntombela clarifies when functus officio does not apply.
A recent Labour Court judgment illustrates when a restraint of trade may be unreasonable and why employers must carefully consider its scope, the interests requiring protection and any undertakings offered by a departing employee.
The Labour Court confirms that unchallenged final written warnings cannot ordinarily be revisited during unfair dismissal proceedings.
A High Court case explores when workplace disputes must rely on the LRA – and when employees may turn directly to constitutional rights.