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Discipline and dismissal

  • Can I dismiss an employee who has falsely accused other employees of racism?
  • Let's say, one of your employees comes to you to report a group of colleagues for racism. Because you have a zero-tolerance approach to racism in your company, you investigate the matter immediately. After your investigation, you find that the employee who reported the incident has falsely accused his colleagues. You're now wondering whether or not you can dismiss him for this form of misco... ››› more
  • [23 March 2017]
  • Four occasions when you can dismiss for insubordination
  • Four occasions when you can dismiss for insubordination
    John just told you to 'get knotted'. Mary ignored your direct instruction and Peter just cost you one of your biggest clients for not doing his job properly. These are all cases if insubordinations and it's always such a tricky subject because it's so difficult to prove. And that's why it's so difficult to dismiss for it! Keep reading to find out when an employee's being insubordinate and... ››› more
  • [30 January 2017]
  • Two ways to postpone that arbitration date if it doesn't suit you
  • Two ways to postpone that arbitration date if it doesn't suit you
    One of the things you must do when you receive notice of the arbitration is to check if the date and time suits you. If it doesn't, you have two options...Read on to find out what they are so you can use postpone an arbitration hearing if you need to. When it comes to arbitration, the CCMA has to give the parties (you and your employee) at least three weeks' (21 calendar days) notice of the dat... ››› more
  • [27 January 2017]
  • 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]
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