Month: March 2021

Resignation with immediate effect cannot be used as a mechanism to escape disciplinary action

February 2021 LABOUR BRIEF NO. 435 The Labour Appeal Court (LAC) has finally resolved the debate as to whether an employee’s resignation with immediate effect negates an employers’ right to discipline an employee during their notice period. In the judgment of Standard Bank of South Africa Limited v Chiloane (handed down on 10 December 2020),…

Cross Examination is a Right

November 2020 LABOUR BRIEF NO. 434 At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness…