Articles tagged with:

CCMA

Apologise and save your job

Apologise and save your job

It happens often that employers are faced with an employee at a disciplinary enquiry who vehemently denies the allegations against him/her or persistently denies any wrongdoing, even though the...

Hearsay evidence can render dismissals unfair

Hearsay evidence can render dismissals unfair

At a disciplinary hearing, the presiding officer (chairperson) should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it is hearsay. What is...

Polygraph Tests

Polygraph Tests

The guidelines that follow are provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) What is a polygraph test? It is a test used to verify a person’s truthfulness and is...

Fixed-term contracts not for permanent positions

Fixed-term contracts not for permanent positions

Employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts of employment. A key reason for this is that employers do not understand the legal purpose of...

Jailed employees still have rights

Jailed employees still have rights

It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself'. However, this mistaken belief is born from wishful thinking. Reasons for such wishful...

Employee Suspension: A change in due process

Employee Suspension: A change in due process

On 06 February 2019 we posted an article about employers failing to comply with due process when suspending and employee, in that an employee must be afforded the opportunity to make representations...

Informal Employment Does Not Protect Employers

Informal Employment Does Not Protect Employers

It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed...

Pregnant Employees – Testing Differential Treatment

Pregnant Employees – Testing Differential Treatment

In the recent case of Impala Platinum Ltd v Jonase and Others, the Labour Court (LC) dealt with an appeal against an unfair discrimination award, brought in terms of section 10(8) of the Employment...

How the CCMA deals with Abscondment

How the CCMA deals with Abscondment

Abscondment is not desertion, neither is it absence without leave (AWOL). Many people use the three terms interchangeably because they do not know that they are actually different forms of...

Common mistakes when disciplining an employee

Common mistakes when disciplining an employee

There are generally four mistakes that employers make when they discipline an employee. What are they? Let's consider the following scenario: Can you spot the mistakes in this example? Donna is...

Proper classification of misconduct

Proper classification of misconduct

If misconduct, or the allegation, is not properly classified or described in the notice to attend a disciplinary hearing, it may cause problems for the employer should the employee refer an unfair...

Witnesses at Disciplinary Hearings

Witnesses at Disciplinary Hearings

The focus of this article is about witnesses at internal disciplinary hearings conducted by employers and not witnesses at CCMA or Bargaining Council hearings. At internal disciplinary hearings the...

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