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Discipline and dismissal

  • Case law: Can you dismiss an employee for lying? Yes!
  • Case law: Can you dismiss an employee for lying? Yes!
    Lying is a form of dishonesty and depending on the circumstances may be serious enough to warrant dismissal. This is because it could make an employment relationship intolerable because it damages your ability to trust the employee. Find out how the Mosselbay Municipality won their dismissal case because of an employee's dishonesty... Mr J van der Merwe vs Mosselbay Municipality (2009) 18 SA... ››› more
  • [20 October 2016]
  • Know the difference between insubordination, gross insubordination and insolence
  • Know the difference between insubordination, gross insubordination and insolence
    There's a fine line between insubordination, gross insubordination and insolence of an employee. Do you know the difference? How would you discipline an employee in each instance? If you get it wrong you could lose at the CCMA! So let's look at these three offences... ****Recommended Product****   Know the difference between insubordination, gross insubordination and insolenc... ››› more
  • [18 October 2016]
  • Stop! Before you fire that poor performer
  • Stop! Before you fire that poor performer
    Do you have an employee whose work just isn't up to scratch? You know the one... Always missing deadlines, and when he does meet them, the work is inevitably wrong anyway! I'm sure you're about ready to show him the door. But it isn't as simple as that! Make sure you use these three phases to counsel the employee properly, so you don't land up with an unfair dismissal case on your hands... ****... ››› more
  • [19 September 2016]
  • Case law: Dismissal of an arrested employee when the trust relationship has been affected
  • Case law: Dismissal of an arrested employee when the trust relationship has been affected
    One of the good things about previous court cases is that they're a learning curve. You can study them and avoid making the same mistakes. Read on to find out how the courts have dealt with the dismissal of an arrested employee when the trust relationship has been damaged. Want to know how the courts have dealt with the dismissal of an arrested employee when the trust relationship has been ... ››› more
  • [18 August 2016]
  • Can I discipline an employee who's sending or receiving porn at work?
  • Can I discipline an employee who's sending or receiving porn at work?
    You'll be amazed at the things some employees do at work. And with a lot of companies introducing free WiFi, many employees abuse this company perk that's meant to help them do their jobs better. Recently, we've been seeing a lot of cases where employers are complaining that employees are using free WiFi for things that have nothing to do with the job. This includes sending and receiving por... ››› more
  • [18 August 2016]
  • Make sure you're using this disciplinary style before firing an employee
  • Make sure you're using this disciplinary style before firing an employee
    Some employers may be stricter than others, but that doesn't mean that they're exempt from the law! What this means is that you can't just dismiss an employee if you're unhappy with him. No, you have to follow a certain disciplinary style, as is required under Schedule 8 of the Labour Relations Act. I'm specifically referring to Progressive discipline. You have to implement it in your workplac... ››› more
  • [12 August 2016]
  • Four secret weapons to draft allegations, so you can fire an employee legally!
  • Four secret weapons to draft allegations, so you can fire an employee legally!
    You fired Craig last month for forging a false proof of purchase and stealing. Now he's taken you to the CCMA. You followed the right steps; both substantively and procedurally. You even had a labour lawyer check your documents. But you did this one thing wrong and now you could lose your case. You didn't draft the allegations against him on his 'Notice to Attend the Disciplinary Hearing' ... ››› more
  • [12 August 2016]
  • When, how and why can you dismiss a drunk employee?
  • When, how and why can you dismiss a drunk employee?
    Let's say one of your employees' returns to the office after his Friday lunch, drunk. What would you do? • Fire him on the spot? • Give him one week's notice and then he must be out of there? • Give him a letter of dismissal first thing on Monday morning? Did you know that if your employee's an alcoholic and you did any of the above actions he could take you to the CCMA? And you coul... ››› more
  • [08 August 2016]
  • Seven elements of gross insubordination you need to know before you dismiss an employee
  • Seven elements of gross insubordination you need to know before you dismiss an employee
    You instruct your employee to send you daily reports. After two weeks of asking him every day, you still haven't seen one report. He's blatantly ignoring your request. What can you do? In labour terms, this is insubordination. It's where the employee refuses to carry out a lawful instruction. You can dismiss for an isolated incident if it's very serious (gross) and violates your employer-... ››› more
  • [05 August 2016]
  • Here's what you can do if an employee bad-mouths you on social media
  • Here's what you can do if an employee bad-mouths you on social media
    We live in a day and age where social media has a huge influence on business. So much so that any negative comments can sink your company! So what can you do if an employee rips you and your company apart on social media? The answer is simple: You can take action! And in this article, I'll tell you how. Keep reading to find out what you can do... *****ADVERTISEMENT***** In just 30 mi... ››› more
  • [03 August 2016]
  • Read this before you dismiss an AWOL employee or be prepared for an unfair dismissal case
  • Read this before you dismiss an AWOL employee or be prepared for an unfair dismissal case
    Want to know why so many employers find themselves at the CCMA or Labour Court for unfair dismissal? It's simple. They deal with absenteeism without permission or AWOL incorrectly, say the experts at the Labour & HR Club. And if you decide on the spot that your employee has absconded or deserted with the intention to never return and dismiss him, he can take you to the CCMA and he'll probabl... ››› more
  • [25 July 2016]
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