Tag: disciplinary hearing
Be wary of recorded conversations
Contrary to popular belief, companies may be within their rights to secretly record conversations with employees and use that information against them in a court of law. However, the reverse is also true. This has the potential to significantly change the dynamic in the workplace.
Traversing the labour law jungle
The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray?
Employee suspension – how long is too long?
Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. South African labour laws do not require such a suspension to be anything more than 'fair', and there is no minimum or maximum time period within which the investigation must be concluded, or in which the enquiry process finalised. However, since the suspension of an employee can be challenged as an unfair labour practice, the courts and CCMA often have to deal with challenges to an employee having been suspended.
Disciplinary hearings – be prepared
Problems of weak disciplinary case presentation often occur. There are two important reasons for this. The person presenting the case for the employer may be insufficiently skilled in case presentation, or, the employer may have failed to prepare the evidence properly.
Disciplinary hearings and the employee’s right to legal representation
The postponement of suspended Eskom executive Mathsela Koko’s disciplinary hearing highlights just how costly and drawn out disciplinary procedures can be when lawyers become involved in the process. It also begs the question: Under what circumstances does the employee have the right to engage legal representation in respect of a disciplinary hearing?
Flexibility – does South Africa’s labour legislation allow for this?
Gillian Lumb | Regional Practice Head, Director | Cliffe Dekker Hofmeyr | gillian.lumb@cdhlegal.com | www.cliffedekkerhofmeyr.com |
Discussions surrounding labour law in South Africa can be...
KPMG resignations raise questions about employer/employee rights
Advocate Tertius Wessels | Legal Manager | Strata-G Labour Solutions | info@strata-g.co.za | www.strata-g.co.za |
The resignation of KPMG’s CEO and other senior executive and board members,...
21st century corporate traveller risks
The nature of terrorism has changed. What were once low-risk destinations, have now become high-risk in a matter of hours, which means companies are...
