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Presumed Missing and Review

In NEHAWU obo Zikalala v Department of Water and Sanitation and Another (D767/17) [2021] ZALCD 75 (27 October 2021) the court was tasked with a rather intriguing review application. The employee had absented himself for over a month. The employee was dismissed by...

The Point of departure

It is not uncommon for employer and employee to “agree” on the reason for termination. This may occur prior to termination, where the parties discuss what will be recorded as the reason for termination. It may also occur at CCMA proceedings where often the...