Thank you for signing upDear Reader, A Note Concerning Privacy, Spam, Filters, BlackLists, and Whitelists… You also might be wondering how we’re going to use your e-mail address. Please note that the security and privacy of your e-mail address is assured. We will NEVER sell or rent your e-mail address under any circumstance. Additional information can be found on our Privacy Policy. Additionally, in light of today’s use of spam filters and blacklists, we strongly encourage you to “whitelist” us to ensure that your E-Letter is delivered without fail.. Thanks for joining us. It’s an exciting time here at Fleet Street Publications and you couldn’t have joined at a better point. To ensure that you receive all our tips, tools and advice we will be sending you an email to confirm your email address. It should be arriving in your inbox shortly and all you need to do is click on the confirmation link. You’ll also hear from me from time to time. I’ll keep you updated on the latest opportunities and promotions, their support helps keep our e-letter free. And when our newest research and content is available online, I’ll be the first to let you know. Best regards,
Annabel Koffman |
It’s up to the employee to prove you’re guilty of constructive dismissal
Labour Bulletin | 18 March, 2010 | Hot Topics:
Dear Reader
This is my first bulletin to you as part of FSP’s Labour Team. I look forward to helping you solve all your labour and HR issues.
Look out for your April issue of Labour Watch in your mailbox this week.
Just one thing you can look forward to is the interesting case of De Beer v Schenker Logistics [2010]. The employee claimed constructive dismissal after he resigned, but he came off second best at the CCMA!
It’s up to the employee to prove you’re guilty of constructive dismissal
Your employee has every right to take you to the CCMA for constructive dismissal once he’s resigned. But HE has to prove you made his working conditions intolerable.
Three things he'll have to prove:
1. He ended the contract of employment by either resigning or abandoning the employment.
2. He ended the employment contract because you made continued employment intolerable.
3. He had no other reasonable alternative but to end the contract of employment.
That’s just the start… find out what this judgment means for you and what valuable lessons you can learn from this case. You need to know. So if you’re not already a subscriber, find out how our expert Labour Team will update you on important labour and HR notifications in 15 minutes a month.
The latest Labour Watch issue also clarifies when you don’t have to pay for injuries an employee has sustained on work premises; and includes a clause you MUST add to all your employment contracts so you’re in the clear.
Until next time
Tracy King
Managing Editor: Labour Watch News
Enjoying this article? Sign up for our free daily email, Labour Bulletin, to receive tips tools and advice to solve all your labour problems - Delivered to your inbox every weekday. Sign up to the Labour Bulletin.
Editors note
Michelle Govender
Labour Bulletin Editor
The Labour Bulletin team speaks to subscribers every week on landmark labour events and offer valuable and practical information from the Handbook, from questions and answers and from our experts that subscribers can use now to benefit their business.
