• The Expert Explains

    The Expert Explains

    Question: Valid or not?
    "Your hours of work can be changed, provided you are given 12 hours notice of such change"?

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    1.1. Meaning of desertion?
    1.2. How to dismiss a deserter
    1.3. How to dismiss a deserter
    1.4. What if the deserter returns?
    2.1. Meaning of resignation
    2.2. How to deal with resignation
    2.3. What if the person withdraws the resignation?

    Downloadable Forms Click here to access these documents in the Forms section.

    Form 5.1 Desertion letter

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    1. Jan Truter
      Posted 2 June 2014 at 12:19 pm | Permalink

      Reply to Hazel: It is in order for the employer to suspend all invlvoed penidng proper investigation. I propose that you attend a hearing if required to do so – that is the best chance for the truth to be revealed.

    2. hazel
      Posted 1 June 2014 at 8:38 pm | Permalink

      i was recently assulted by employee within working hours however she denied the assult and said its self defence, we both currently suspended until the hearing and investigation is done, i have been victimised called names and feel my working environment is very unsafe that i need to hire someone to travel with me. i dont want to return there even if im not dismissed however i feel i cannot work 1 months noitice in that place. after the trauma i have been diagnosed with PTSD. what are my rights.

    3. Jan Truter
      Posted 26 February 2014 at 9:06 am | Permalink

      Reply to Lana: We suggest that you approach the employer and discuss the situation – they might very well agree to waive the notice requirement or part thereof.

    4. lana
      Posted 24 February 2014 at 7:47 am | Permalink

      I would like to give immediate notice due to been ill. Legally I need to give ones months notice. Can I ask them to take notice money off pension. Would that b ok and what is best approach

    5. Jan Truter
      Posted 9 April 2013 at 3:53 pm | Permalink

      Reply to Scott: There is only desertion in the true sense if the employee does not have the intention to return to work. This can be as a result of a specific statement made by the employee or deduced from the conduct of the employee. If the employee returns it may become apparent that there was no desertion and the employee should be given an opportunity to state his case before any final decision is taken.

    6. Scott Thompson
      Posted 9 April 2013 at 7:06 am | Permalink

      good morning,
      could you advise the meaning of desertion and what happens when the deserter returns to work?

    7. Posted 30 November 2010 at 12:40 pm | Permalink

      It depends on your contract of employment or in the absence of an agreement the BCEA (section 37) stipulates that you will have to give notice (one week if you have worked less than 6 months, two weeks if you have worked between six months and on year and four weeks if you have worked longer than a year) If both parties agree to waiver the notice period, then a resignation with immediate effect will be possible.

    8. Ndileka Mnconywa
      Posted 23 November 2010 at 9:37 am | Permalink

      Can i resign with emmidiate effect?

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