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To all employees considering resignation under difficult work circumstances – think twice before you take the road of constructive dismissal against your employer at the CCMA. Constructive dismissal is the exception to the rule when it comes to burden of proof. In all other instances of unfair dismissal, the employer has [...] The Con-Arb process provided for by the CCMA is geared towards accelerating the dispute resolution process between conflicting parties (i.e. employer and employee). Ideally spoken, conciliation runs directly into arbitration, should the parties fail to reach an agreement regarding settlement of the dispute during conciliation. Although formal legal representation is not normally allowed during conciliation, [...] |
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