Chapter 45 – Substantive Fairness Substantive fairness relates purely to whether there was a fair reason for the dismissal. Thus, the term ‘substantive fairness’ does not refer to the procedure, manner or process of dismissal – but rather, it refers to the substance of the decision to dismiss. The law requires dismissed employees to prove, at […]
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 […]
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 […]
Chapter 24 – Payment for Sunday and Public Holiday When it comes to public holidays, employers are required to pay all employees a day’s pay for these public holidays, even if these employees are not working on the day. It’s also important to remember that, if an employee who is earning below the BCEA threshold works […]
