Chapter 41 – Investigation and Preparation

24 April 2024
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 |  Discipline and dispute resolution, FEATURED VIDEOS, MODULE 8 - MANAGING MISCONDUCT & DISMISSAL

Chapter 41 – Investigation and Preparation It is important for the employer to understand what is meant by the concept of “investigation”. Investigation, in this context, entails the employer’s search for and collection of the facts surrounding the allegations made against an employee. Accused employees are entitled to conduct their own investigation and the employer […]

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Chapter 40 – Conduct at Arbitration Hearings

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Chapter 40 – Conduct at Arbitration Hearings The purpose of an arbitration hearing is for a neutral official (that is, the arbitrator) to hear the facts and decide whether the dismissal or another action was fair or unfair. As such, the employer and employee will not be doing themselves a disservice by losing control of their […]

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Chapter 39 – Disciplinary Hearings

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Chapter 39 – Disciplinary Hearings While serious misconduct may merit dismissal, no dismissal can be found to be fair if it is not adjudged to be procedurally fair. If the accused employee is not given a fair opportunity to defend himself or herself – a dismissal for misconduct cannot be found to be procedurally fair.  In […]

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Chapter 38 – Progressive Discipline

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Chapter 38 – Progressive Discipline In the workplace, gross misconduct, such as, for example, selling of drugs to clients or colleagues; serious dishonesty; competing with one’s employer; illegal acts; assault and serious cases of bringing the employer’s name into disrepute – may merit dismissal after a first offence, provided that the circumstances merit it and […]

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Chapter 37- Dealing with Misconduct

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Chapter 37- Dealing with Misconduct When it comes to dealing with workplace misconduct, it is important for the employer to devise a policy that clarifies what misconduct means in the employer’s workplace and ensure that every employee fully understands what constitutes misconduct in the employer’s context. Generally speaking, misconduct in the work context is defined […]

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Chapter 36 – Sexual Harassment

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Chapter 36 – Sexual Harassment Any employee who is a victim of sexual harassment has the right to refer the matter to the CCMA, which has the jurisdiction to deal with it. If the CCMA is unable to resolve the dispute, the victim is entitled to take the employer to the Labour Court for unfair discrimination […]

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Chapter 35 – Dealing with Alcohol Abuse and Drug Addiction

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Chapter 35 – Dealing with Alcohol Abuse and Drug Addiction Many employers and employees have misinterpreted the Constitutional Court’s ruling in Minister of Justice and Constitutional Development and Others versus Prince (CCT108/17).  While, under certain circumstances, the law allows strict discipline of workplace alcohol- and drug-abuse, the employer should not dismiss alcohol- and drug-abusers. As […]

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Chapter 31 – Constructive Dismissal

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Chapter 31 – Constructive Dismissal A resignation, constructed by an employer’s unjustified and unbearable conduct, is called constructive dismissal. If it can be proved that the intolerable circumstances were caused by the employer’s unfair conduct – then the employee is likely to win the unfair constructive dismissal case. The Labour Relations Act includes, as a type […]

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Chapter 34 – Old Age Retirement

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Chapter 34 – Old Age Retirement The law allows employers to retire employees who reach the normal retirement age without going through a complex legal procedure. However, this is only true if the employee has, in fact, reached the normal retirement age. While, legally, South Africans reaching the age of 60 may apply for a […]

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Chapter 33 – Sick- and Disabled-Employees

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Chapter 33 – Sick- and Disabled-Employees In South Africa, employees who are disabled or ill are well-protected by the anti-discrimination laws of the Employment Equity Act (EEA) and by the Labour Relations Act (LRA). However, in cases where the employee’s disability is so severe as to permanently incapacitate him or her, the employer has the […]

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