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Discipline and dismissal

  • Never ever make these four mistakes when disciplining an employee...
  • Can you spot the mistakes? Get all the ammunition you need to beat the CCMA Here's how to chair a legally compliant disciplinary enquiry in just five easy steps Dear reader,   Can you spot the mistakes in this example?   Tracey is responsible for making sure the petty cash balances each day. She's never seen the petty cash policy and procedure but it's on... ››› more
  • [26 July 2017]
  • Miss your date with the CCMA and your employee's probably going to win!
  • Five actions that DON'T warrant disciplinary action in the workplace Warning: 1 out of 3 dismissals are deemed as 'unfair' by the CCMA! 10 Documents you need to prepare for a CCMA conciliation It doesn't matter if you're right and have a watertight case... If you don't appear at the CCMA to defend your case, there's a very good chance the commissioner will rule in favour of the... ››› more
  • [07 July 2017]
  • The one thing you must get right to fire a thieving employee successfully...
  • Your employee stole a laptop from you. And you have all the proof you need. Pretty much an open and shut case. So you give him his notice to attend a disciplinary hearing, which says 'you stole from us' and hope the obvious ruling will be his dismissal. But... You're wrong. You didn't get this one thing right... **********************   Get all the ammunition you n... ››› more
  • [14 June 2017]
  • 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]
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