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Discipline and dismissal

  • Retrenching? Do these five things to reduce potential problems
  • Retrenching? Do these five things to reduce potential problems
    You must deal with the retrenchment process properly. The reasons? The nature of this dismissal makes things tough for you from the start. There's bound to be some resistance when you dismiss employees for operational reasons and not because they've done something wrong. Your employees and their representatives will scrutinise your every move and WILL challenge you if they believe you're... ››› more
  • [09 January 2017]
  • 5 things your employee has to prove to win a case of constructive dismissal against you
  • 5 things your employee has to prove to win a case of constructive dismissal against you
    We all like to think the working environment we create for our employees is a positive one. But in the high-stress environment that seems an inevitable part of the modern working world, some employees may find themselves in circumstances that they simply can't tolerate. And they'll resign to escape. When they do, you're at risk of claims of a constructive dismissal... If your employee's claims are... ››› more
  • [04 January 2017]
  • Can you retrench a fixed-term employee?
  • Can you retrench a fixed-term employee?
    You've employed an employee on a two year contract. Unfortunately, you've lost a big client and now you have to retrench him, amongst other staff. But can you? What does the law say about retrenching fixed-term employees? Can you retrench a fixed-term employee? As an employer, you know you have a right to retrench employees. But you probably didn't know the situation's completely different w... ››› more
  • [15 December 2016]
  • Use this checklist ensure your employee's dismissal is substantively fair
  • Use this checklist ensure your employee's dismissal is substantively fair
    Do you have an employee that you want to dismiss, but aren't sure if it's substantively fair? Here's how to make sure it is so you don't pay thousands in compensation if your employee take you to the CCMA. According to The Labour Law for Managers Loose Leaf Service, substantive fairness means there's a fair or valid reason for you to dismiss an employee. If you dismiss your employee and th... ››› more
  • [13 December 2016]
  • Ask yourself these 5 questions to mare sure your employee's dismissal is substantively fair
  • Ask yourself these 5 questions to mare sure your employee's dismissal is substantively fair
    Do you have an employee that you want to dismiss, but aren't sure if it's substantively fair? Here's how to make sure it is so you don't pay thousands in compensation if your employee takes you to the CCMA. Substantive fairness means there's a fair or valid reason for you to dismiss an employee. If you dismiss your employee and the reason is automatically unfair, you may be ordered to rein... ››› more
  • [13 December 2016]
  • Use this free checklist to correctly present evidence at a disciplinary hearing
  • Use this free checklist to correctly present evidence at a disciplinary hearing
    One of the most important steps of a disciplinary hearing is presenting evidence. It's crucial that you get this process right. It'll go a long way towards ensuring the disciplinary hearing is procedurally and substantively fair. Here's a checklist we recommend you use if you're not sure how to present evidence at a disciplinary hearing. ................................................... ››› more
  • [29 November 2016]
  • Avoid these four situations at all costs! They lead to constructive dismissal claims
  • Avoid these four situations at all costs! They lead to constructive dismissal claims
    Can your employee take you to the CCMA even if he resigns from employment? Yes, he can! The reason? He can claim you forced him to resign. And if the CCMA finds in his favour, you'll be forced to pay your employee compensation. This could cost you thousands of rand. This type of dismissal is referred to as a constructive dismissal. Read on to discover the four examples that constitute to a constru... ››› more
  • [25 November 2016]
  • Checklist: Eight Requirements for a fair hearing
  • Checklist: Eight Requirements for a fair hearing
    So, you need to have a disciplinary hearing for an employee... But did you know that all disciplinary hearings must be procedurally fair? This means the process you use for disciplining or dismissing an employee must be fair. These processes or procedures include: Giving the employee counselling and prior warnings; Following processes of corrective meetings or disciplinary hearings;... ››› more
  • [16 November 2016]
  • Issue a written warning in five easy steps
  • Issue a written warning in five easy steps
    As an employer issuing a written warning to an employee for poor work performance or wrong doing is something you'll face at least once in your career. It's not pleasant, but it's vital to ensure work is carried out efficiently by a lacklustre employee. But it's not as simple as that. Issuing a written warning incorrectly can be costly and land you at the CCMA. So make sure you follow these fi... ››› more
  • [14 November 2016]
  • You have two options if you catch your employee stealing from you
  • You have two options if you catch your employee stealing from you
    Is your employee stealing from you? If so, read on to find out what your two options are regarding employee theft. The Labour Law for Managers says theft in the workplace happens when your employee takes goods to which he has no lawful right and with the intention to keep the goods to use or sell or for any other purpose. Essentially, he has no intention of returning the goods to you as the... ››› more
  • [28 October 2016]
  • Revealed: How the CCMA deals with abscondment and how this affects you
  • Revealed: How the CCMA deals with abscondment and how this affects you
    Abscondment is all too common in the workplace. For instance, an employee goes on leave or even lunch and doesn't come back to work. And you even get the impression he doesn't intend to return. But don't be fooled. It's not that easy to deal with abscondment. One wrong move could land you at the CCMA. Make sure you're on the right side of labour law. Read on to discover how the CCMA has dealt with... ››› more
  • [25 October 2016]
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