Home

Case Law

Employees who wish to resign with immediate effect, to avoid disciplinary action and possible dismissal, need to be aware that the latest Labour Appeal Court decision handed down has ruled that this termination by an employee does not absolve the employee from his/her misconduct and in terms of the BCEA the employer is entitled to pursue disciplinary charges against the employee.

George van Niekerk (George van Niekerk is a director at ENSafrica in the dispute resolution department.)

 

 

On 8 October, 2015, the Supreme Court of Appeal (“SCA”) handed down a significant judgment relating to the powers of the Public Protector.

The judgment was in an appeal of the SABC, the Minister of Communications and Hlaudi Motsoeneng, the Chief Operating Officer of the SABC, against the decision of Western Cape High Court Judge Ashton Schippers to suspend Mr Motsoeneng.