Articles tagged with:

employee

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...

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...

Can an employee resign by e-mail or SMS?

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

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

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

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

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

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

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

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

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 to...

Managing Incapacity due to Ill-Health – Part 2

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...

Dismissed employee returns

Employee turns up for work after being dismissed for abscondment / desertion Firstly, we need to remind readers that about a month ago we posted an article on the difference between abscondment and...

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