In Test

Employment Law

Constructive dismissal: Dismissed or Resigned?

In essence, a claim of constructive dismissal arises when an employee voluntarily resigns from their position, however, alleges that they were forced to do so due to unbearable/intolerable working conditions created by the employer.  While generally, in cases of dismissal for misconduct, incapacity or operational requirements, dismissal is not disputed, and, if referred to the Constructive dismissal: Dismissed or Resigned?

Amendments to CCMA Rules

As of 24 April 2023, the CCMA amended many of their rules. The CCMA has indicated that these amendments promote greater social justice and equality. Some of the amendments will impact companies, and being familiar with the changes is essential. Condonation for late referral to the CCMA Employees have 30 days to refer unfair dismissal Amendments to CCMA Rules