All allegations of misconduct at the workplace must be investigated.
Articles tagged with:
misconduct
Myths around sexual harassment in the workplace
Our previous article talked about sexual harassment at year-end office functions and the possibility that there could be sexual harassment claims following such parties. While the rules around...
When, how and why a drunk employee can be dismissed
If an employee returns to the office or work premises after a Friday lunch, drunk, what should the employer do? Fire/dismiss him on the spot? Give the employee one week's notice and then he must be...
What constitutes misconduct?
There is no complete or definitive list of types of misconduct that employees can commit at the workplace. Types of misconduct may also differ from company to company as what may be considered as...
What to do when an office romance gives a problem
Employees spend most of their lives at work. So it is not unlikely that they may start to develop intimate relationships with each other. They have a right to privacy, but as soon as those...
When to consider demotions
Demotions, that is the reduction in an employee's job grade (or rank) and status, can be a tricky area for employers. This is because one wrong move could result in an unfair labour practice....
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...
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...
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...
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...
Drafting Allegations of Misconduct
The success of internal disciplinary hearings depends on the formulation of the alleged misconduct. It is therefore important that the offences or allegations against an employee are formulated...
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...
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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