dismissal

Can you dismiss an Employee for failing a polygraph test?

Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, “Can an Employer dismiss an Employee solely for failing a polygraph test? Under what circumstances can it be used? And when can an Employer rely on the results of a polygraph test?” In answering these questions, it [...]

2023-07-11T14:41:29+02:00April 12th, 2023|Arbitration, Dismissal, Labour Relations Act|Comments Off on Can you dismiss an Employee for failing a polygraph test?

Refusal to work overtime does not amount to insubordination

At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services beyond their contractual hours, commonly known as “overtime”. Overtime is essentially an instruction that requires an agreement, an [...]

2023-07-11T14:41:32+02:00April 5th, 2023|Arbitration, Dismissal, Labour Relations Act|Comments Off on Refusal to work overtime does not amount to insubordination

Why consistency is key in dealing with workplace misconduct

A term often heard in the context of applying discipline in the workplace is the word "consistency" or its opposite, "inconsistency." The term “consistency” should be seen as "treating like with like" or "measuring all by the same standard". In other words, it would be unfair to treat people who have committed similar acts of [...]

2023-07-11T14:41:36+02:00March 29th, 2023|Arbitration, Dismissal, Labour Relations Act|Comments Off on Why consistency is key in dealing with workplace misconduct

Do what Simon Says. Or else.

In the case of Bidvest Protea Coin (Pty) Ltd v South African Transport and Allied Workers Union and Others  (2023) 32 LAC 1.11.12 also reported at [2023] 3 BLLR 195 (LAC), the Employee was a security guard that was stationed at a casino. The Employee was instructed to escort a wanted man to an interview [...]

2023-03-22T14:42:54+02:00March 22nd, 2023|Arbitration, Labour Relations Act|Comments Off on Do what Simon Says. Or else.

Can an Arbitration Award be enforced despite pending Review proceedings?

Arbitration Awards are binding & remain enforceable despite an application to the Labour Court for Review. Once a CCMA matter has been arbitrated, the Commissioner will issue an Arbitration Award within fourteen (14) days. CCMA Awards are final and binding, and there is no Appeal process regarding Arbitration Awards. They are, however, subject to Review [...]

2023-03-13T09:42:45+02:00March 7th, 2023|Arbitration|1 Comment

Left high & dry!

Since the Constitutional Court’s judgement in Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC) declaring the decriminalisation of the use, possession and cultivation of cannabis by an adult in a private place for their personal consumption, there seems to be a high belief that employers can [...]

2023-03-01T14:55:27+02:00March 1st, 2023|Dismissal|Comments Off on Left high & dry!

Unlawful deductions when employees are dismissed

Upon termination of the employment relationship between an employer and an employee, a final payslip will be issued to the employee, which may indicate certain deductions. These deductions are often met with dissatisfaction and misunderstanding from employees who tend to seek some form of relief. Although certain deductions to an employee’s salary are permitted, employers [...]

2023-05-18T12:41:56+02:00February 9th, 2023|General, Theme|Comments Off on Unlawful deductions when employees are dismissed

Risk of a verbal dismissal and the denial thereof

Some employees and employers who are not affiliated with any labour consultancy, employer organisation or trade union may need to be better informed about the steps or processes that need to be followed when one of the parties wants to terminate the employment relationship. In some cases, employers may find themselves in situations where employees [...]

2023-05-18T12:44:41+02:00January 23rd, 2023|Dismissal, Theme|Comments Off on Risk of a verbal dismissal and the denial thereof

It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

A situation that many a naïve employer has sat with at the Commission for Conciliation, Mediation and Arbitration (CCMA) or another relevant forum, is that of being confronted by a situation whereby they have dismissed an employee for legitimate and serious misconduct. Yet, they are informed by the relevant forum that they need to consider [...]

2023-01-12T13:54:11+02:00January 12th, 2023|Dismissal|Comments Off on It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

The Employer did not follow any procedure prior to the dismissal

The Guidelines on Misconduct proceedings, as published by the CCMA, set out the basic guidelines that employers must follow prior to dismissing an employee for misconduct. It states that where a workplace disciplinary procedure exists, a commissioner must have regard for that disciplinary procedure's existence and legal status. If there is no workplace procedure, the [...]

2022-12-06T13:21:21+02:00December 6th, 2022|Dismissal|Comments Off on The Employer did not follow any procedure prior to the dismissal
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