ConCourt clarifies high bar for constructive dismissal claims
Employees cannot resign based on anticipated workplace changes and claim constructive dismissal. Intolerability must be proved – and internal remedies must be exhausted first.
dismissal
Labour Appeal Court draws a firm line: dismissal does not void a restraint of trade
The Labour Appeal Court confirms that termination – even for misconduct – does not extinguish a restraint of trade, unless tainted by fraud or bad faith.
Treasury favours conditional access to retirement pot for retrenched workers
It is also open to discussions on letting members transfer all their vested savings into their retirement and savings components.
Navigating the retirement age maze: a practical guide for employers
Synchronising employment agreements with the rules of occupational retirement funds promotes legal certainty, secures employee benefits, and smooths succession planning.
Cosatu wants urgent discussions with Treasury over changes to two-pot system
One of its four proposals is to allow members to transfer up to a third of their vested savings to their savings component.
High Court orders insurer to reconsider unfair debarment carried out in 2016
The applicant only became aware in May last year that the decision to debar her constituted administrative action.
MiWay ordered to pay up after car goes missing during a night on the town
The events that led up to an insurance claim for a stolen car are reminiscent of the hit comedy ‘The Hangover’.
Cosatu wants a higher cap on transfers to fund members’ savings pots
It’s also hoping for concessions on access to the retirement pot when members are retrenched or dismissed.
CCMA upholds yet another ‘anti-vaxxer’ dismissal
The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that the dismissal of an “anti-vaxxer” was fair but in the same breath found the employer to be at fault for sending him […]
Dismissal for refusing to be vaccinated is fair, says CCMA
The Commission for Conciliation, Mediation and Arbitration (CCMA) decided this month that the dismissal of an employee who refused to be vaccinated was substantively fair. Daniel van der Merwe, the Eastern Cape manager […]
