Resigned or dismissed? Know the difference when it comes to your rights
Subscribe
The employment relationship involves two parties – the employer and the employee – and accordingly there are three possible ways in which this relationship can end, or terminate, says Bradley Workman-Davies, director at Werksmans Attorneys.
However, it is usually only in the case of one type of termination, or one of these three possible scenarios, that the employee has recourse under South African labour law and in front of South African employment dispute resolution forums.
This is for the reason that the Labour Relations Act, 66 of 1995 (“LRA”) which establishes an employee’s fundamental rights not to be unfairly dismissed, and the protection against unfair labour practices, defines a dismissal as accruing only when an employer has terminated employment with or without notice.
Public servants told to prepare for strike after wages, benefits deadlock
iol.co.za - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from iol.co.za Daily Mail and Mail on Sunday newspapers.
South Africa has no money for wage hikes: minister
businesstech.co.za - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from businesstech.co.za Daily Mail and Mail on Sunday newspapers.
GCIS
Minister of Public Service and Administration Senzo Mchunu says that there has never been and will not be a resolution from government that undermines collective bargaining.
Public sector wage negotiations are under way, but Mchunu said that any outcome should be in the country s interest.
Government is also addressing the trust deficit with labour by quelling corruption, says Mchunu.
There has and never will be a resolution by government that undermines collective bargaining, says Public Service and Administration Minister Senzo Mchunu.
The minister was speaking during a briefing on Thursday where he addressed doubt surrounding public wage negotiations that are under way. The doubt stems from government not paying wage increases for public servants last year, as per a clause of the 2018 wage agreement. Trade unions had challenged the government reneging on the agreement, but a Labour Appeal Court last year ruled the enforcement of the clause is unlawful.
The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate.
However, it is usually only in the case of one type of termination, or one of these three possible scenarios, that the employee has recourse under South African labour law and in front of South African employment dispute resolution forums.
Advertisement
This is for the reason that the Labour Relations Act, 66 of 1995 ( LRA ) which establishes an employee s fundamental rights not to be unfairly dismissed, and the protection against unfair labour practices, defines a dismissal as accruing only when an employer has terminated employment with or without notice. In other words, if the employee terminates the employment relationship (which is colloquially referred to as a resignation), or if the parties mutually agree to end the relationship, then there has not been a dismissal, as this requires the emplo