Subject Matter Index

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Constructive Dismissal

6 subsidiary principles

Distinction between actual and constructive dismissal

Duty of the plaintiff to prove that by his terms of employment or by the terms of existing statutory provision, his dismissal by the defendant company was wrongful

Effect of a dismissal from a statutory corporation for reason unrelated to the capacity or conduct of the worker or not based on the operational requirements of the undertaking

Grounds for the dismissal of an employee

Instances where an employee may be rightly dismissed

Meaning of dismissal

Need for the right of fair hearing to be observed before dismissing an employee

Position of the law on the nature of a misconduct that would justify a dismissal

Principles governing dismissal at common law

Remedy available to an employee whose dismissal from a statutory corporation is a nullity

The position of the law on the fair hearing requirement before dismissing an employee

The principle that once there are facts on the record justifying a party's dismissal for misconduct, the fact that the findings were made by a committee that was acting, allegedly, ultra vires, is irrelevant.

The rule that the onus is on the servant to prove that his master has waived his right to dismiss him

What a dismissal connotes

What a plaintiff alleging wrongful or constructive dismissal must prove

What constitutes a reply to a notice of intention to dismiss under Article 17 within the terms of the CBA

When a civil servant can be dismissed from his employment

When a dismissal will be held to be null and void

Whether a public officer's acceptance of his dismissal done contrary to the provisions of the Constitution constitutes a waiver of his constitutional protection

Whether a public servant can be dismissed without just cause

Whether a servant is under a duty to inform his master of the misconduct of his fellow servants

Whether an employee can be dismissed on the ground of gross insubordination without the setting up of a committee

Whether an employee can be dismissed on the ground of incompetence

Whether an employee can be dismissed without a hearing or reason

Whether an employee can be rightly dismissed where allegations against him were not proved

Whether an employee must be given the opportunity to cross-examine his witnesses

Whether an employer is bound to comply with the rules of natural justice before dismissing an employee

Whether an employer is justified in dismissing an employee where he finds it unsafe to keep him in his employment

Whether an employer is obliged to give reasons for the dismissal of an employee

Whether an organ of a statutory corporation can dismiss an employee without reason

Whether criminal allegations against an employee must be proved beyond reasonable doubt before he can be dismissed

Whether dismissal is a remedy under the Labour Act, 2003 (Act 651)

Whether re-organisation can afford a ground for dismissal

Whether the dismissal of an employee must depend on the conviction of the employee by a court of law for a crime

Whether the guilt of an employee must be established before he is dismissed

Whether the management of a company can dismiss an employee contrary to the recommendations of the disciplinary committee

Whether the right to dismiss is affected by a failure to exercise the right immediately or failure to punish other offenders

Whether there is a distinction between the consequences of a wrongful dismissal of a servant by a private employer and by a statutory corporation

Whether, where an employee's misconduct amounts to a crime, he cannot be dismissed unless he is first tried and convicted

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