Tag: disciplinary action

Organisations are facing a surge in internal security threats. A startling 76% of organisations have detected increased insider threat activity over the past five years. Yet, less than 30% believe they have the right tools to handle these threats effectively.

The processes for reporting dangerous workplaces can significantly differ from one organisation to another. Notably, there seems to be a lack of consideration for an anonymous reporting mechanism, leaving individuals raising concerns vulnerable to potential identification by others within the organisation who may take issue with the report.

Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.

With so many people using different platforms to connect and exchange information, social media has become an indispensable component of our personal and professional lives. However, as we have observed more frequently over the past few years, employees must exercise caution in what they post on social media because it may reflect poorly on the business they work for (employers themselves may be held liable), violate social media policies at work, and result in dismissal.

Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the public and private sectors. 

The law on intoxicating substances in the workplace is clear. The Occupational Health and Safety Act places a strict obligation on employers to ensure that they do not allow entry to the workplace if an individual is intoxicated, whether under the influence of alcohol or drugs.

The Labour Appeal Court recently issued an order refusing to grant leave to appeal against the judgment of the Labour Court, after the Labour Court reinstated an employee who was dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mine premises.

Too many powerful and well-remunerated people in our public sector are letting South Africans down by continually failing to achieve the strategic objectives of the entities they manage. Officials in the public sector must employ clean governance principles across every aspect of their operations.

With the ravages of COVID-19 since early 2020, has come a rise in employees in full time employment taking on a ‘side hustle’ to supplement income. Further to this, remote working provides employees with a great opportunity to engage in secondary jobs, especially where once being at the office may have been a hindrance.