Category: Resignation voluntary

Performance incentive bonus: Remuneration or benefit?

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Resigning immediately analysed: Evading discipline?

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Specific performance remedy: Resignation and breach

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CEO claims rejected: Resignation and consequences

Vela v Efora Energy Ltd CEO claims rejected except for leave pay after resignation which the directors did not formally approve which meant that he forfeited the bonus.  Essence CEO claims rejected after resignation...

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Compensation award reduced: Maximum unjustified

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Resignation not compelled: Constructive dismissal not proved

Billion Group (Pty) Ltd v Ntshangase Resignation not compelled by any conduct on the part of senior management and every reasonable attempt was made to resolve performance issues. The labour court applied the objective review...

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Wrongful purported resignation: Impact on disciplinary procedure

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Arbitrary ground resignation: Differentiation or discrimination?

Jurgens v Dept of Education, Eastern Cape  Arbitrary ground resignation: It was decided that the applicant relied on an arbitrary ground of discrimination and failed to prove that the differentiation based on her having...

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Resigning without notice: Public service sector

The lecturer claimed that the employer acted irregularly by dismissing him after he had resigned “with immediate effect” and was no longer an employee, or so he claimed.  But his claim was rejected by the high court because the...

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Legal effect resignation: When does employment end?

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Severance pay entitlement: Resignation and contractual claim

 Essence An employee’s claim for severance pay was upheld as it was based on the employment contract and included resignation  Decision DW v World Luxury Hotel Awards (Pty) Ltd (C 763/15) [2016] ZALCCT 31...

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Garden leave restraint: Assessing reasonableness

Vodacom (Pty) Ltd v Motsa & MTN (J 74/16) [2016] ZALCJHB 53 [2016] 5 BLLR 523 ; (2016) ILJ 1241 (LC) (9 February 2016) per Van Niekerk J. Employment contracts need to cater for many contingencies and often depend on the...

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