Since the Constitutional Court judgement in 2018 pronouncing it is legal to consume, possess and grow a certain amount of cannabis “in private”, the Cannabis For Private Purposes Bill, once legislated, will help ‘clear the smoke’ of confusion surrounding this controversial practice.
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It often occurs that before disciplinary action being taken against an employee, they will resign with immediate effect in the hopes of circumventing dismissal for misconduct and to avoid a tarnished disciplinary record. What happens if, however, disciplinary action has already taken place and the employee then resigns before the penalty of dismissal is given?
The Labour Court in Food and Allied Workers Union (FAWU) v South African Breweries (SAB) held that where an employer offers to consult in the retrenchment process in a particular manner (in this instance via video conferencing) and the other party refuses to consult in the proposed manner, completion of the retrenchment process without the
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