Resigning Won’t Prevent a Disciplinary Hearing

We have accepted for a very long time that the decision to terminate an employment relationship by means of a resignation constituted a unilateral act effected by the employee. This meant that employees could either resign “with immediate effect”, or by giving notice, whereafter they worked out the notice period if so required. When the […]

Dismissal: Fact or Assumption?

One would have thought that an employee would know as a question of fact that s/he was dismissed, but it transpired in the matter of Chantal Bisschoff and Curro Holdings t/a/ Curro Academy Wilgeheuwel (handed down on 11 September 2020) that this is not always the case. Although the matter before the Labour Court turned […]