misconduct

Resign, or I’ll Have to Report You

As an employer, you may encounter challenging scenarios involving employee misconduct within your workplace. It's imperative to understand that certain acts of misconduct not only breach company disciplinary codes but also constitute criminal offences under South African law. The Prevention and Combating of Corrupt Activities Act 12 of 2004 places a legal duty on employers [...]

2024-03-25T10:16:12+02:00March 25th, 2024|General|Comments Off on Resign, or I’ll Have to Report You

Think Again Before Pulling a “Sickie” – The Abuse of Sick Leave

The best place to start dealing with sick leave abuse as an employer is to understand what the Basic Conditions of Employment Act (BCEA) states regarding sick leave. Section 22 of the Basic Conditions of Employment Act stipulates that: “Sick leave cycle” means the period of thirty-six (36) months of employment with the same employer [...]

2024-01-18T11:09:11+02:00January 18th, 2024|Sick Leave|Comments Off on Think Again Before Pulling a “Sickie” – The Abuse of Sick Leave

‘Tis the Season to be Responsible

With the festive season soon approaching, many employees are counting down the days until they can close their business doors for 2023 and commence their annual leave. Unfortunately, for some, the festive season is either peak work season based on the business operations requirements, or they must continue working on a skeleton staff complement throughout [...]

2023-12-08T13:06:03+02:00December 8th, 2023|General|Comments Off on ‘Tis the Season to be Responsible

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

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!

The conversation, after a warning

The workplace is regulated by a set of rules and directives that guide the efficiency of the business and the stability of the employer-employee relationship. Often, when an employee has stepped out of line either by act or omission, the employer may issue a warning. The very essence of a warning is to bring to [...]

2022-12-12T14:27:26+02:00December 12th, 2022|General|Comments Off on The conversation, after a warning

The rule does not exist

Employers have a right to implement workplace policies to regulate employees' conduct. The breach of such policies is usually the cause of disciplinary proceedings because employers use the policies to determine misconduct and categorise it accordingly. So, what happens if the company has not implemented any policies? Can the employer still discipline the employees? Employers [...]

2023-05-18T12:50:04+02:00December 5th, 2022|Contracts, General, Theme|Comments Off on The rule does not exist

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?

Comparing employees found guilty of the same form of misconduct – Proceed with caution!

It is of the utmost importance that every employer has a reasonable and lawful disciplinary code and applies it consistently. (The importance of a reasonable and lawful disciplinary code will be discussed in another CEO SA article.) Where an employer may go wrong is in some attempt to distinguish between employees who commit the same [...]

2022-11-28T09:42:02+02:00November 28th, 2022|General|Comments Off on Comparing employees found guilty of the same form of misconduct – Proceed with caution!

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
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