Tag: dismissal
Use aggravation to counter mitigation
When an employer fires an employee for dishonesty or gross dereliction of duty it normally intends for the employee to stay fired. However, the Labour Relations Act (LRA) dilutes the employer’s right to dismiss by:
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.
Pitfalls of making an offer of employment and later having a...
Can an offer to employ which is later withdrawn amount to a dismissal? - An offer of employment creates a valid contract and a later withdrawal of that offer can amount to dismissal. This is even more so if the reasons for the withdrawal of the offer are unreasonable.
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...
