misconduct

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

Substantive fairness in derivative misconduct

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 [...]

2022-08-03T08:14:50+02:00August 3rd, 2022|General|Comments Off on Substantive fairness in derivative misconduct

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

The Impact of Misconduct on the Trust Relationship

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 [...]

2022-06-14T10:55:16+02:00June 14th, 2022|Dismissal, General|Comments Off on The Impact of Misconduct on the Trust Relationship

How to deal with absconsion where the employee was arrested

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 [...]

2022-05-24T13:47:22+02:00May 24th, 2022|General|Comments Off on How to deal with absconsion where the employee was arrested

An employer’s right to dismiss for misconduct outside the workplace

Employers have the right to discipline and even dismiss employees for misconduct that occurs outside of the workplace if it can be shown that there is a link between the misconduct and the employer, its operational requirements, and where it occurred within the context of the working relationship. The Labour Appeal Court confirmed this aspect [...]

2022-04-11T13:59:02+02:00April 11th, 2022|Dismissal|Comments Off on An employer’s right to dismiss for misconduct outside the workplace

Social Media misconduct outside the workplace

Social media has changed the way in which we communicate both personally and professionally. Facebook, Twitter, Instagram, WhatsApp, Telegram, YouTube etc., are a few of the social media platforms which are used by many for the purpose of sharing personal views. Many employees are of the view that what they share on social media, especially [...]

2022-01-18T14:26:21+02:00January 18th, 2022|General|Comments Off on Social Media misconduct outside the workplace

What constitutes insubordination in the workplace, and can it lead to a possible dismissal of an employee?

In its simplest form, insubordination is a refusal to follow lawful and reasonable instructions given by an employer. Insubordination may manifest itself either directly or indirectly. An example of direct insubordination would be when the employer instructs the employee to perform a task and the employee states, "I will not" or, "I refuse". An example [...]

2021-12-15T01:33:50+02:00December 15th, 2021|General|Comments Off on What constitutes insubordination in the workplace, and can it lead to a possible dismissal of an employee?

The structure of an arbitration award in misconduct proceedings

An arbitrator must issue a written award with brief reasons within a time frame that allows the CCMA or a Bargaining Council to hand down the award within fourteen (14) days after the arbitration process. It is helpful to know and understand the structure of such an award before heading into an arbitration. It allows [...]

2021-12-10T09:41:35+02:00December 10th, 2021|Arbitration|Comments Off on The structure of an arbitration award in misconduct proceedings
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