dismissal

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 [...]

2023-01-23T09:20:04+02:00January 23rd, 2023|Dismissal|0 Comments

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

A final written warning with an obligation

In the matter of Paarl Coldset (Pty) Ltd v Singh (DA1/2021) [2022] ZALCD 8, Mr. Singh (Respondent), a shift manager of Paarl Coldset (Applicant), a printing business, was dismissed after an altercation with an employee of a media news company, Ms. Cassim. The altercation which led to the dismissal occurred after the Respondent drove up [...]

2022-12-02T11:56:11+02:00December 2nd, 2022|General|Comments Off on A final written warning with an obligation

Can an employer collectively dismiss employees with a common purpose to the misconduct?

The Labour Relations Act of 1995 (LRA), as amended, distinguishes between a “protected” and an “unprotected” strike. Employees who participate in a “protected” strike enjoy protection by the LRA and cannot be dismissed unless they are guilty of misconduct. Strikes can sometimes become violent and out of control, making it difficult for an employer to [...]

2022-11-30T06:23:45+02:00November 30th, 2022|Dismissal|Comments Off on Can an employer collectively dismiss employees with a common purpose to the misconduct?

The Impact & Challenges that a Company Faces when an Employee Leaves

One of the difficulties an employer may face in business is staff turnover, which can lead to a loss of operational capacity and skills needed to perform a business's functions, ensuring productivity. Continuity is essential for the effective operation of a business. It may cost an employer time, effort, and money to find a new [...]

2022-10-31T12:09:44+02:00October 31st, 2022|General|Comments Off on The Impact & Challenges that a Company Faces when an Employee Leaves

Can I be dismissed for wearing High Heels to work?

Company policies and procedures are a set of internal guidelines that establish the rules within the company. These guidelines assist in communicating to employees what can and cannot be done in the workplace. An example of a company policy would be their dress code. In the recent Judgement of Mofokeng vs The CCMA and Others [...]

2022-08-23T12:36:37+02:00August 23rd, 2022|Dismissal|Comments Off on Can I be dismissed for wearing High Heels to work?

Making sure the dismissal of the employee as a result of misconduct is substantively fair

There comes a time that every employer will probably have to attend a matter at the Commission for Conciliation, Mediation and Arbitration (CCMA) or possible other Bargaining Council at some point in their ownership of a company. This is not something anyone wants to deal with but, unfortunately, cannot be left in the hope that [...]

2022-08-10T11:33:43+02:00August 10th, 2022|Dismissal|Comments Off on Making sure the dismissal of the employee as a result of misconduct is substantively fair

To leave no “stoned” unturned

In a recent judgment handed down in the matter of Bernadette Enever v Barloworld Equipment, a division of Barloworld South Africa (Pty) Ltd (JS633/20 and JS926/20) LC, the Labour Court upheld the dismissal of an employee for the breach of the employer’s zero-tolerance Alcohol and Substance Abuse policy whereby the employee repeatedly tested positive for the [...]

2022-07-12T14:36:07+02:00July 12th, 2022|General|Comments Off on To leave no “stoned” unturned

Is reinstatement always the appropriate remedy?

One of the primary functions of the CCMA is to “keep employees employed”. Therefore, it is not surprising that reinstatement or re-employment is the primary remedy for an employee whose dismissal was unfair. Section 193 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA) provides that where an arbitrator finds [...]

2022-07-05T15:31:33+02:00July 5th, 2022|Dismissal|Comments Off on Is reinstatement always the appropriate remedy?
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