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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Derivative misconduct arises when an employee is aware of information that would allow an employer to identify wrongdoers, but they fail to come forward and provide the employer with such information. Derivative misconduct is usually applied in the context of strikes where there is a breach of picketing rules, and an employer wants to act [...]
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 [...]
The Labour Relations Act places the trust relationship between the employer and employee at the heart of the employment relationship. Therefore, it can be assumed that an act of misconduct would impact that trust relationship and render continued employment impossible. While that may seem like the logical basis for dismissal, employers are cautioned against making [...]
Absconsion is defined as an instance where an employee leaves their workplace with no intention to return. Employers usually fall into the trap of assuming that if an employee has absconded, the relationship ends without any effort on their side however, there is a duty on the employer to ascertain that the employee has indeed [...]
Most Employers are aware that when an employee is dismissed, that dismissal must be procedurally and substantively fair. Failing one or the other, a Commissioner at the CCMA or a Bargaining Council will deem the dismissal to be unfair, and an employer will find themself on the receiving end of an adverse arbitration award. The [...]