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...
Articles tagged with:
dismissal
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...
Can an employee be disciplined who is sending or receiving porn at work?
One is amazed at the things that some employees do at work. With many companies introducing free WiFi, many employees abuse this company perk that is meant to help them do their jobs better....
When an employee bad-mouths the employer on social media
What can an employer do when an employee bad-mouths it on Facebook, Twitter, WhatsApp, YouTube or any other forms of social media? We live in a day and age where social media has a huge influence on...
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...
Alcohol abuse in the workplace – misconduct or incapacity?
Is alcohol abuse misconduct or incapacity? Many employers struggle with this issue. If an employee commits an alcohol-related offence in the workplace, how does the employer label it? In other...
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...
Can an employer discipline an employee who has resigned?
It is often heard that employers have issues around employees who resign. It reminds of the Labour Court case - Lottering and Others v Stellenbosch Municipality,(C159/2010) [2010] ZALC 67; [2010] 12...
Questioning witnesses during arbitration hearings
Arbitration hearings occur at the Commission for Conciliation, Mediation and Arbitration (CCMA) or the appropriate Bargaining Council (BC). This happens when a dismissed employee, after an internal...
Myths about Dismissals
With all the changes to the labour laws and fines that employers are served, many managers are of the view that the laws favour employees and therefore it is difficult to dismiss an employee. As a...
Insubordination and Insolence
What is the difference between insubordination and insolence? There is a thin line between the two - the one could easily be confused with the other. Insubordination and insolence are different...
Dismissing a Group of Employees for Misconduct – Part 2
In Part 1 of this article we referred to two cases, i.e. Chauke & Others v Lee Service Centre CC t/a Leeson Motors (1998) 19 ILJ 1441 (LAC) - the Leeson Motors case - and City of Cape Town v...
Dismissing a Group of Employees for Misconduct – Part 1
If an employer suspects a group of employees is guilty of misconduct, but cannot identify all of them or prove who is guilty, can everyone in the group be dismissed? They can, by using derivative...
Dismissing an Employee on Probation
What is a probation period? Many employers appoint new employees on a probation period for the wrong reasons. Many times a probation period is used as a type of 'fixed-term' contract in order...
Managing Incapacity due to Ill-Health – Part 1
This is a first article of two. What is Incapacity? Incapacity (or disability) is not misconduct, but can also lead to dismissal. There are three types of incapacity: Incapacity due to...
Four Dismissal Mistakes
Employers continue to make costly mistakes when dismissing employees. The high number of unfair dismissal cases before the CCMA is proof of this. Employers tend to make the following four dismissal...
What is Constructive Dismissal?
Questions are often asked around constructive dismissal. What is it? The basics are that constructive dismissal may be defined as “a situation in the workplace, which has been created by the...
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