Investigating Misconduct

Investigating Misconduct

Any allegation of misconduct must be investigated, but if it is received anonymously, it must be ignored. A person bringing a verbal allegation must be instructed to put the allegation in writing. It must then be established whether the allegation constitutes...
You cannot dismiss without following procedure

You cannot dismiss without following procedure

Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. The Labour Courts are most intolerant of employers who do not follow their own disciplinary policies and...
Written statements at disciplinary hearings

Written statements at disciplinary hearings

This question arises time and time again. Very often, it emanates from the fact that trade unions, or the accused employee’s representative, will demand to be given copies of any witness statements (or affidavits) or other evidence in the possession of the...
Fixed-term Contracts with Permanent Employees

Fixed-term Contracts with Permanent Employees

Generally, an employer will enter into a fixed-term or limited duration employment contract for the person to complete a limited or specific task. The contract could also be linked to the availability of a job for a limited or specific period only. These contracts are...