Dismissal

Competent Verdicts: Is dismissal restricted to what the employee is charged for?

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 [...]

2020-12-23T17:03:49+02:00December 17th, 2020|Dismissal|Comments Off on Competent Verdicts: Is dismissal restricted to what the employee is charged for?

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 [...]

2020-12-15T12:43:53+02:00December 15th, 2020|Dismissal|Comments Off on Does the CCMA and Bargaining Councils have jurisdiction to entertain a dismissal dispute when a Full and Final Settlement has already signed?

Dismissals for Misconduct: Potential pitfalls for employers and what to keep in mind

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 [...]

2020-11-30T12:09:05+02:00November 30th, 2020|Dismissal|Comments Off on Dismissals for Misconduct: Potential pitfalls for employers and what to keep in mind

Rules in the Workplace and the Consistent Application thereof

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 [...]

2020-11-23T17:08:40+02:00November 23rd, 2020|Dismissal|Comments Off on Rules in the Workplace and the Consistent Application thereof

Unilateral change to terms and conditions of employment – is it permissible?

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 [...]

2020-11-18T15:34:24+02:00November 18th, 2020|Dismissal|Comments Off on Unilateral change to terms and conditions of employment – is it permissible?

Considering “Unsuitability” and “Incompatibility” of employees in the workplace

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 [...]

2020-11-12T14:48:31+02:00November 12th, 2020|Dismissal|Comments Off on Considering “Unsuitability” and “Incompatibility” of employees in the workplace

Misconduct: The difference between insolence, insubordination and gross insubordination

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 [...]

2020-11-09T15:26:16+02:00November 9th, 2020|Dismissal|2 Comments

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 [...]

2020-11-05T14:31:39+02:00November 5th, 2020|Dismissal|Comments Off on Does an employee forfeit Severance pay in the event of refusing a reasonable offer of alternative employment?

When is an employer bound to re-employ ex-employees?

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 [...]

2020-11-04T14:28:58+02:00November 4th, 2020|Contracts, Dismissal|Comments Off on When is an employer bound to re-employ ex-employees?

Abide by the Rules or Else – An Overview of Dismissals for Misconduct

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 [...]

2020-11-02T14:11:15+02:00November 2nd, 2020|Dismissal|Comments Off on Abide by the Rules or Else – An Overview of Dismissals for Misconduct
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