Workplace LawTopics covered in this text on South African workplace law include origins and sources of labour law, parties to the employment relationship, basic employee rights, termination of the employment relationship, workplace discipline and unfair labour practices. |
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Page 107
An offer of inferior employment coupled with a threat that the employee will be
dismissed if he or she does not accept it constitutes constructive dismissal , 20 as
does an employee ' s decision to resign rather than accept unlawful deductions ...
An offer of inferior employment coupled with a threat that the employee will be
dismissed if he or she does not accept it constitutes constructive dismissal , 20 as
does an employee ' s decision to resign rather than accept unlawful deductions ...
Page 108
The onus of proving that there was a dismissal rests on the employee , while that
of justifying it rests on the employer . 34 Not any unilateral variation of the
contract by the employer will justify a claim of constructive dismissal ; the
variation must ...
The onus of proving that there was a dismissal rests on the employee , while that
of justifying it rests on the employer . 34 Not any unilateral variation of the
contract by the employer will justify a claim of constructive dismissal ; the
variation must ...
Page 109
Whether the common practice of offering an employee the choice of resigning
rather than being dismissed constitutes constructive dismissal will depend on the
circumstances in which such an offer was made . 44 Thus , for example , it was ...
Whether the common practice of offering an employee the choice of resigning
rather than being dismissed constitutes constructive dismissal will depend on the
circumstances in which such an offer was made . 44 Thus , for example , it was ...
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Contents
Preface Table of cases | xiv |
AECI Explosives Ltd Zomerveld v Mambalu 1995 16 ILJ 1505 LAC 113 146 165 173 | xxxi |
Table of statutes | xxxv |
Copyright | |
92 other sections not shown
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Common terms and phrases
accept action agreed Allied Workers Union amount Appeal application arbitration automatically bargaining benefits BLLR breach CCMA Chapter circumstances claim Code collective agreement Commission commissioner common compensation comply concerned conduct considered constitute consultation continued contract council decision deemed definition designated determine disciplinary discrimination dismissal dispute duty effect employee employee's employment entitled established example fact fair further give given granted grounds hearing held Industrial issue justify Labour Court leave limited matter means misconduct National Union notice obliged offence operational particular parties performance period person position principle procedures proceedings protected provides question reason referred refusal regard relationship representative respect response retrenchment rules Section standard statutory strike supra taken termination trade union unfair unfair labour practice Union of Metalworkers unless wages warning workplace
Bibliographic information
| Title | Workplace Law |
| Author | John Grogan |
| Edition | 5, illustrated |
| Publisher | Juta & Company, 2000 |
| ISBN | 0702151343, 9780702151347 |
| Length | 367 pages |
| Export Citation | BiBTeX EndNote RefMan |