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ER / HR Forum: CONSTRUCTIVE DISMISSALS, BUMPING & MUTUAL SEPARATIONS — ARE YOU UP TO SPEED?
From a landmark Constitutional Court ruling on constructive dismissal, to the often-misunderstood concept of bumping in retrenchments, to a Labour Appeal Court decision that puts mutual separation agreements under the microscope — this session tackles three developments every HR and ER practitioner needs to master.
DATE: Thursday 23 April 2026
TIME: 10H00 – 12H00
PRICE: Free
Here’s what we’ll be covering:
- Constructive Dismissal: Lessons from the Constitutional Court in Maleka v Boyce N.O. and Others: What does it really take to prove constructive dismissal — must employees exhaust internal grievance procedures before resigning, and is anticipated (rather than actual) intolerability enough?
- Bumping in Retrenchments: During a retrenchment process, can a retained employee be “bumped” into another role — displacing a colleague in the process? We’ll explore the concept of bumping, when it applies, and the practical and legal pitfalls employers need to navigate.
- Mutual Separation Agreements Under Scrutiny: WBHO Construction v Masenye and Others: Can a validly concluded mutual separation agreement be set aside simply because operational requirements were under discussion at the time of conclusion? We’ll explore this question, what the Labour Appeal Cout judgment means in practice, and the precautions employers should take when negotiating these agreements in the context of operational requirements.
Don’t miss this one. Reserve your spot now!
PLEASE NOTE: No recordings available. Slides are available to attending delegates. Fees are charged per delegate and not per screen.
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