Tag: disciplinary hearing
Combatting workplace bullying
Workplace bullying transcends mere professional misconduct; it is a violation of human rights that undermines employee dignity and wellbeing. Bullying manifests in various forms - verbal, emotional, psychological and even through passive-aggressive behaviours such as exclusion and gossip. In South Africa, the implications of workplace bullying extend beyond moral concerns, as it infringes on constitutional rights.
Dealing with an employee refusal to testify at an arbitration or...
Claire Turner | Provincial Manager | CEO | Consolidated Employers Organisation (CEO SA) | mail me |
Employers might face situations where witnesses necessary for...
Submitting a fake doctor’s note could cost you your job
It’s the law. If you are absent from work for more than two consecutive days, or more than twice within eight weeks, you have to provide a doctor’s note to your employer, according to the Basic Conditions of Employment Act (BCEA).
Stamping out racially charged misconduct
A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.
The importance of placing the transcript of the arbitration proceedings
On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings.
Bias of presiding officers must be proven
The law affords employees the following procedural rights before being dismissed for misconduct or poor performance:
Minister of Finance increases maximum monetary fines for auditors
South Africa's Minister of Finance increased the maximum fines that the Independent Regulatory Board for Auditors can impose on auditors for misconduct.
Double jeopardy costs employer 12 months’ remuneration
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct. Normally, such discipline would be found to be unfair.
Don’t delay in disciplining employees
In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment after he professed his love for a receptionist.
JUDGEMENT | The role of incapacity in dismissals for misconduct
A recent judgement by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances.
