Articles tagged with:

dismissal

Reinstatement

Reinstatement

Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.

Desertion of Employees from the Workplace

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.

Double Jeopardy

Double Jeopardy

Double jeopardy occurs when an employee is disciplined twice for the same offence.

Watch what you say to avoid dismissal

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.

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...

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...

What is summary dismissal?

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?

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

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

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...

Dismissing an employee on probation

Dismissing an employee on probation

In June 2015 we posted an article on what steps employers need to take in order to legally dismiss an employee who is on probation. We continue to receive many requests for advice from employers...

Workplace Violence

Workplace Violence

Workplace violence is any form of physical assault, threatening behaviour or verbal abuse occurring in the work setting. What exactly is assault? It is a common law crime defined as "unlawfully and...

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