There are occasions where the employer gives the employee an opportunity to consider certain choices.
Namely;
1. To request that the employee tender his/ her resignation;
2. To face possible dismissal subsequent to attending a disciplinary hearing;
3. Or to agree to the employment relationship terminating by mutual agreement.

After the employee’s deliberations,
1. The employee might consider tendering his/ her resignation voluntarily.
2. Alternatively, the employee might decide to attend a disciplinary hearing and challenge the dismissal.
3. Lastly, the employee and the employer might agree to terminate the employment relationship by mutual agreement. This will entail a settlement agreement being drafted wherein both parties will sign the agreement freely and voluntarily, having understood the contents thereof. The settlement agreement will reflect that the agreement constitutes full and final settlement of all claims and disputes between the parties arising from the employment relationship between them. The settlement agreement entered into between the parties becomes a legal and binding agreement.

Once the employment relationship is terminated by mutual consent, the employee can no longer claim an alleged unfair dismissal as it does not constitute a dismissal.

For further information on Unfair Dismissal or any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za