Contrary to common believe, employers no longer have to grant employees opportunity to make submissions on reasons why they should not be placed on suspension.
Articles tagged with:
employee
Legal Representation in internal Disciplinary Hearings
The question is often raised whether employees have the right to legal representation in internal disciplinary hearings.
Dismissal after Retirement Age
It is fairly common to allow employees to work beyond their retirement age. But what if an employee wants to hang on to the job indefinitely?
Retrenchment & Unemployment Benefit Claims
When an employee is retrenched by an employer, the employee is entitled to claim unemployment benefits (UIF). However, it may not be the case in all instances.
Careless Slips Can Cost Arbitration Hearings
Employees, and employers for that matter, cannot afford to leave adverse evidence unanswered. It occurs often that parties do not challenge evidence that is led against them.
Mandatory COVID-19 vaccination in the workplace
To vaccinate or not to vaccinate? Implementing vaccination is not straightforward.
The Importance of the Contract of Employment – Part 2
There are various types of employment contracts. In this article, Part 2, we are briefly discussing the following two types of contracts.
The Importance of the Contract of Employment – Part 1
It is quite surprising just how many employers do not provide employment contracts.
When Remorse Makes Dismissal Unfair
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.
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...
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...
Reinstatement: A remedy for unfair dismissal and unfair labour practices
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
Smoking cannabis (dagga) at home and reporting for work
Since the Constitutional Court declared the private use of cannabis (dagga) legal in the matter of Minister of Justice and Constitutional Development and Others v Prince & Others [2018],...
Can an employee resign by e-mail or SMS?
Can an employee resign from a job by email where the employment contract requires resignations to be in writing? The question has interesting implications for how people communicate with each other....
Illegal workers have labour law rights
Many employers have long assumed that illegal immigrants or employees without work permits have no legal rights in South Africa. Many employers have consequently mistreated illegally employed staff...
Suspending an employee
Employers need to make sure they follow the correct procedure when it comes to the suspension of an employee. A legal procedure must be followed, otherwise it could lead to legal disputes. To avoid...
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...
Grievances in the Workplace
Are employers aware of the three basic principles around grievances in the workplace? Most grievances are not dealt with properly, mainly because managers are not aware of the basic principles of...
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...
Medical Certificates from Traditional Healers
We receive many questions from employers whether they should accept a 'medical certificate' from an employee who had been to a 'sangoma' or traditional healer. Are medical certificates from...
Public Holidays during Annual Leave
Is an employee entitled to an extra day's leave if a public holiday falls on a Saturday during the employee's leave? What if the employee demands that he be given an extra day's leave or he...
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 2
The first article dealt with what incapacity is and the legal requirements for dismissals due to incapacity. This second article describes the steps to be followed when dismissing an employee for...
Can an employer retrench a fix-term employee?
Employers have the right to retrench employees. However, it is completely different when it comes to an employee that is on a fixed-term contract of employment. A fixed-term employee cannot just be...
Dealing with out-of-office misconduct
Can an employer dismiss an employee for out-of-office misconduct? Is dismissal justified? The answer to that question is “Yes”. An employee could be dismissed for misconduct outside the...
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