Employers should justify a drastic sanction like dismissal by proving that the employee’s misconduct is so serious that it makes continued employment intolerable.
Articles tagged with:
dismissal
Fixed-term Contracts with Permanent Employees
The improper use of fixed-term contracts should be avoided. The South African labour laws apply to fixed-term contract employees.
Constructive Dismissal
Many people have a misconception of constructive dismissal. What is it?
Mandatory COVID-19 vaccination in the workplace
To vaccinate or not to vaccinate? Implementing vaccination is not straightforward.
Retirement Age
There is no general retirement age in South Africa and therefore employers and employees are free to agree on a retirement age which works for them.
Probation Periods
Many employers are under the misconception that an employee on probation can be dismissed without following due process.
Reinstatement
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
Terminating a fixed-term contract of employment
The termination of a fixed-term contract of employment could cause major problems for an employer.
Dismissal due to breakdown of the Trust Relationship
Does dishonesty lead to a breach in the trust relationship so as to make the employment relationship intolerable?
Desertion of Employees from the Workplace
Desertion means that an employee has left the place of work and it is apparent that he/she does not appear to have any intention of returning to the workplace.
Disciplinary Warnings: A Warning to Employers – Case Law Decisions
The primary objective of disciplinary warnings is to correct unacceptable behaviour of employees.
Double Jeopardy
Double jeopardy occurs when an employee is disciplined twice for the same offence.
Watch what you say to avoid dismissal
Section 16 of the Constitution affords everyone the right to freedom of expression. However, this right is not absolute and can be limited.
When Remorse Makes Dismissal Unfair
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.
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...
False Allegations of Racism may be Grounds for Dismissal
Can an employee who makes a false allegation of racism against another employee be dismissed? The answer is yes, employees can be dismissed for making false accusations of racism. Facts of a recent...
Jailed employees – dismissal for operational incapacity?
Our previous article was about the rights of jailed employees. This article is more about the employer's rights when an employee is jailed. As was mentioned in our previous article, employers are...
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...
Racial insults in the workplace – a rise in racial insults and derogatory remarks
Recently, there has been an unsettling rise in the instances of racial slander in the workplace. In September 2018 we posted and article about an employee who was dismissed for making a racial...
When is the dismissal of an employee substantively fair?
It often happens that an employer wants to dismiss an employee, but is not certain whether it would be substantively fair. Substantive fairness means that there is a fair or valid reason to dismiss...
What happens if an employee does not come back to work after a holiday or weekend?
If an employee does not come back to work after a holiday or weekend, he cannot just be dismissed. There are legal and fair ways that must be followed to notify him of his absconsion and explain to...
What is summary dismissal?
Many employers....and employees, are confused about summary dismissal. Many raise questions and employers want to know what it is and how it exactly works. Here is what employers need to know A...
Can an employer dismiss an employee for lying?
The answer to the question is YES! Lying is a form of dishonesty and depending on the circumstances may be serious enough to warrant dismissal. This is because it could make an employment...
Checklist for substantive fair dismissal
Many employers want or need to dismiss an employee, but are not sure if it is substantively fair. The following needs to be done to avoid having to face an unfair dismissal dispute at the CCMA....
Dismissing an employee for absenteeism
While employees are entitled to a certain amount of sick leave within a given period, the fact of the matter is that it is often abused. This is bad as it disrupts the business's overall efficiency...
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