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In South Africa, the Labour Relations Act provides a framework for resignation under such circumstances, commonly referred to as constructive dismissal. Constructive dismissal occurs when an employee resigns because their employer's conduct has made continued employment intolerable.
Constructive dismissal claims hinge on a trifecta of essential elements that the employee must convincingly prove for a claim to be valid. These elements form the backbone of the legal framework governing constructive dismissal and are critical in understanding both the nature of these claims and the burden of proof required from the employee.
It is widely accepted that the main objective of law is to ensure that justice prevails. In the administration of justice, there is a notion that requires that justice ought not only to be done, but it must be seen to be done.
Sections 189 and 189A of the Labour Relations Act 66 of 1995 provide for dismissals based on the operational requirements of the employer, or in short, retrenchment. This is why a retrenchment is often described as a dismissal that is due to no fault on the part of the employee.
It can be presumed that an employee who voluntarily resigns from their job would have put in place contingency measures to survive until they secure other employment, what of an employee who is summarily dismissed or retrenched?
The amended Employment Equity Act introduces several noteworthy changes that demand attention. These revisions, which come into effect on 1 September 2023, will reshape the landscape of employment practices in South Africa.
Now that the Department of Labour issued a Directive on 11 June 2021 with regards to mandatory vaccination policies in the workplace, it is crucial for employees to know what their legal position is in this situation. This article will attempt to present a guide of general application to employees so as to outline what their legal position is in terms of mandatory vaccination in the workplace.
Amongst key challenges is balancing economic activity on one hand, while ensuring that the pandemic is kept under control. In this vein, the measures in place as announced by government right from the beginning of the Lockdown Restrictions in March 2020 have had one underlying factor, that all services and economic activity which can be executed remotely, be encouraged to do so.
To achieve a safe working environment employers must adopt interventions and put measures in place that are necessary to do so. The Covid-19 virus has become the latest threat to workplace safety and employers are in a fix on how to approach the delicate issue of ensuring the safety of their employees against transmissions in the workplace.
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