Sick Leave and Misconduct

Sick Leave and Misconduct

Introduction Sick leave is a statutory entitlement, and an employee who is genuinely unable to work because of illness should not face disciplinary action simply because the absence causes inconvenience to the employer. However, sick leave can become a disciplinary...
I Resigned – But was I Dismissed?

I Resigned – But was I Dismissed?

Introduction An employee resigns and then refers an unfair dismissal dispute to the CCMA, claiming that the resignation amounted to a constructive dismissal. For employers, the obvious question is: How can there be a dismissal when the employee resigned? The answer...