misconduct

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 [...]

2022-12-05T10:20:51+02:00December 5th, 2022|Contracts, General|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

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
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