Tag: disciplinary hearing

The law entitles charged employees to a fair and sufficient opportunity to prepare for the disciplinary hearing. They must also be allowed to testify on their own behalf, bring corroborative evidence and cross-examine the employer’s witnesses. In addition, employees have the right to use an interpreter, receive representation and have an impartial chairperson preside over the matter.

In safety-critical sectors, the reliability of breathalyser testing must be unquestionable. Any potential for miscalibration carries serious risks. These range from compromised safety to significant legal liabilities. To ensure accuracy, employers must prioritise regular calibration and maintenance

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.

Claire Turner | Provincial Manager | CEO | Consolidated Employers Organisation (CEO SA) | mail me | Employers might face situations where witnesses necessary for...

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).

A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.

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.

The law affords employees the following procedural rights before being dismissed for misconduct or poor performance:

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 occurs where an employee is punished twice for the same incident of misconduct. Normally, such discipline would be found to be unfair.