There are some instances whereby it may become apparent that the employer may not be able to dismiss an employee based on the original charges. Would this mean that the employer should withdraw the charges and start over, or are there any circumstances whereby an employee may be dismissed for a charge that was not [...]
Does the CCMA and Bargaining Councils have jurisdiction to entertain a dismissal dispute when a Full and Final Settlement has already signed?
The employer and employee enter into a Full and Final Settlement agreement to mutually and amicably terminate the employment relationship between them, but a few days later the employer receives a referral or even a Notice of Set down from the CCMA or the Bargaining Council indicating that the employee was unfairly dismissed. Does [...]
There is so much information, case law and legislation out there pertaining to dismissals for misconduct, and there are many different types of misconduct which can be committed by employees. Further to this, there are also various sub-facets when it comes to dismissals for misconduct, such as concepts like derivative misconduct or collective misconduct. With [...]
Rules regulating conduct in the workplace flow from a number of sources. Some emanate from the common law, for example, that an employee may not steal from an employer. Some rules are the result of an express agreement between the parties while other rules may arise impliedly from the conduct of the parties. There [...]
A question that is now raised more frequently under the current economic circumstances is, whether an employee may be dismissed as a result of them failing to accept a change in terms and conditions of employment as an alternative to avoid inevitable retrenchment? Section 187(1)(c) of the South African Labour Relations Act, 1995 (the [...]
There may be various reasons and a variety of causes that result in an employee performing poorly. Regardless of the circumstances or cause, the effect is that the employee is unable to perform their duties satisfactorily or as required. Unsatisfactory work performance is measurable not only in terms of low or poor productivity; it can [...]
The blurring of the distinction between insolence and insubordination as two forms of misconduct has led to some difficulty for employers when deciding on what the appropriate disciplinary charge should be. To identify the specific misconduct, it is important to understand what these types of misconduct comprise of by taking note of the definitions [...]
Does an employee forfeit Severance pay in the event of refusing a reasonable offer of alternative employment?
In terms of Section 41(2) of the Basic Conditions Act, an employer must pay an employee who is dismissed for reasons based on the employer’s operation requirements severance pay equal to at least one week’s remuneration for each completed year of continuous service with that employer. Section 41(4) of the Basic Conditions of Employment Act [...]
Section 186(2) of the Labour Relations Act (LRA) provides a list of instances when an unfair labour practice could arise between an employer and employee. One of these instances refers to ‘the failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement’. This type of unfair [...]
One of the most, if not the most, common reasons for CEO representing our members at the CCMA is for cases of dismissal by virtue of misconduct committed by the employee. It seems then only fitting that for the month of November a short series of articles will briefly canvass what constitutes a dismissal for [...]