Labour Law

Gone Before You’ve Left – Resigning After Being Disciplined, But Before A Sanction Is Given, And An Employee Resigning Without Giving Notice

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?

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Virtual Retrenchment Consultations

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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