Constructive Dismissal

Constructive dismissal occurs when an Employee resigns from their Employer and claims that the resignation has occurred as a result of the Employer’s intolerable and unbearable conduct, workplace, or working conditions. The word ‘constructive’ refers to something that was created … Continue reading

Racially Offensive Remarks

“Subsequent to his Facebook remarks which were construed as being racially offensive, Khumalo was duly suspended from the employ of the Gauteng Department of Sport, Arts, Culture and Recreation and charged for serious misconduct for having “conducted himself in an … Continue reading

Restraints of Trade (Update)

Over the past 12 months the Labour court has seen a vast increase in restraint of trade cases as opposed to the High court where these matters would normally be dealt with. The Basic Conditions of Employment Act (The BCEA) … Continue reading

Can an Employee be dismissed on suspicion of misconduct?

There is always contention as to whether or not an Employer has followed the correct procedure and whether or not there was a fair reason for dismissing an Employee. In general there are the two fundamental legs to a dismissal … Continue reading