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,26 as
does an employee's decision to resign rather than accept unlawful deductions
from ...
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,26 as
does an employee's decision to resign rather than accept unlawful deductions
from ...
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 held
...
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 held
...
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Contents
Table of cases xm | xiii |
Table of statutes | xxxv |
Origins and sources | 1 |
Copyright | |
110 other sections not shown
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Common terms and phrases
9 BLLR 9 IU Allied Workers Union application arbitration automatically unfair bargaining council BCEA breach CCMA Chapter Chemical Workers Industrial circumstances collective agreement collective bargaining commissioner common law compensation comply conciliation conduct constitute constructive dismissal consultation contract of employment Court held decision deemed disciplinary code dispute duty East Rand employers and employees Employment Equity employment relationship entitled example expressly fair Food & Allied Industrial Court Industrial Union issue jurisdiction justify Labour Appeal Court Labour Court lock-out Ltd supra Ltd t/a misconduct National Union notice obliged offence parties performance person procedures protected strike provides reason refusal regard relating relevant remuneration residual unfair labour retrenchment rules Section statutory strike action strikers termination termination of employment trade union Transvaal ultimatum unfair discrimination unfair dismissal unfair labour practice unilateral Union of Metalworkers Union of Mineworkers unreported wages Western Cape Workers Industrial Union workplace forum
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 |