- 5 things your employee has to prove to win a case of constructive dismissal against you
- We all like to think the working environment we create for our employees is a positive one. But in the high-stress environment that seems an inevitable part of the modern working world, some employees may find themselves in circumstances that they simply can't tolerate. And they'll resign to escape. When they do, you're at risk of claims of a constructive dismissal... If your employee's claims are... ››› more
- [04 January 2017]
- Avoid these four situations at all costs! They lead to constructive dismissal claims
- Can your employee take you to the CCMA even if he resigns from employment? Yes, he can! The reason? He can claim you forced him to resign. And if the CCMA finds in his favour, you'll be forced to pay your employee compensation. This could cost you thousands of rand. This type of dismissal is referred to as a constructive dismissal. Read on to discover the four examples that constitute to a constru... ››› more
- [25 November 2016]
- Protect your company from severe consequences with this anti-bullying TIP
- Bullying happens far more often in the workplace than what many think.
This mainly has to do with one common misconception, namely that when a person thinks of bullying, they think of something which is fairly obvious and apparent. Examples here include screaming, blatant rudeness, threats and belittlements.
This is known as 'overt' bullying.
Now that type of bullying may be common on a c... ››› more
- [10 March 2016]
- Two things you should know about constructive dismissal when it comes to employee resignations
- Resignation is, by definition, the termination of employment by an employee. In other words, it demonstrates her intentions to leave your company and, in so doing, end your relationship with her and vice versa.
It's different to a mutual separation agreement, in which both of you agree to end employment.
In order for a resignation to be in effect, it must:
· Be in words or in cond... ››› more
- [26 October 2015]
- 10 Common mistakes employers make when it comes to dismissal
- Fighting an employee case at the CCMA is daunting. It's even worse when it's constructive dismissal.
Constructive dismissal is when an employee resigns and claims it's because of unfair treatment by you.
For example, Susan resigns from employment and says she wants to focus on her studies. Two weeks later you get a notification from the CCMA stating that Susan has filed a constructive dismis... ››› more
- [26 October 2015]
- The saga between Marcel Golding and HCI casts the spotlight on constructive dismissal: Here's what you need to know about defending this type of labour case
- Boardroom wars are making headlines.
In particularly, the 'war' between Marcel Golding and e.tv's holding company, Hosken Consolidated Investments (HCI).
Last week, HCI suspended Golding over allegations of misconduct. Following that move, Golding resigned from HCI and announced he'll be pursuing a claim of constructive dismissal at the CCMA against HCI.
While this saga has highlighted ju... ››› more
- [30 October 2014]
- Revealed: The three core elements of a constructive dismissal case
- The saga between businessman Marcel Golding and Hosken Consolidated Investments (HCI) continues.
Last week, HCI announced that it had suspended its executive chairman Golding, pending a disciplinary enquiry into allegations of gross misconduct. Following his suspension, Golding lodged an urgent application with the court on Friday to interdict HCI's disciplinary hearing and his suspension on th... ››› more
- [29 October 2014]
- Five things Marcel Golding must prove to ensure his constructive dismissal claim succeeds
- On Monday, respected businessman Marcel Golding, resigned as executive chairman of Hosken Consolidated Investments (HCI). This following a suspension and a failed attempt to stop a disciplinary hearing into his alleged gross misconduct.
But he isn't going down without a fight.
He's now planning to pursue a constructive dismissal case against HCI.
According to MoneyWeb, in an internal emai... ››› more
- [29 October 2014]
- Case law proves: Using threats to coerce an employee to resign is considered constructive dismissal
- Constructive dismissal is when your employee resigns because you made work unbearable for him.
The CCMA has dealt with many cases of constructive dismissal. And the great thing with past cases is you can learn from them so you can avoid making the same costly mistakes in your workplace.
One such case to learn from is the case between Xolani J Ntshingila vs Mr Price (2005) GA41243-04 (CCMA).... ››› more
- [30 September 2014]
- Will Stuart's resignation still stand if he loses his constructive dismissal case?
- Your personal assistant, Stuart, resigns.
A few weeks later, he tells you through his representative that he's taking you to the CCMA for constructive dismissal. He says you made work unbearable for him and he mentions a number of incidents.
After sometime, you face off with Stuart at the CCMA and all your preparation pays off, you win your case and he loses.
Now you're wondering if his r... ››› more
- [16 September 2014]