370 Termination by agreement

Can an ex-employee whose employment has ended by agreement between the ‘employee’ and employer still refer a dispute to the CCMA or bargaining council alleging that he was in fact dismissed? This article discusses this form of labour dispute.

This article is part of the series discussing the first issue in an unfair dismissal dispute: was the employee dismissed? The article deals with the ‘defence’ to such an allegation that the employee’s employment was terminated by consent. The article examines in detail and with reference to relevant case law the elements of this form of defence.