Discipline and dismissal
- 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
- 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.
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- [29 November 2016]
- 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]
- Not sure how to discipline employees for insolence, insubordination and gross insubordination? Use this checklist
- Insolence, insubordination and gross insubordination aren't the same offences. That means the way you discipline your employees for these offences also differs.
But the problem we often see is, employers don't know the difference between these offences and they don't know how to discipline employees in each case. As a result, they end up at the CCMA for unfair labour practices.
Don't let thi... ››› more
- [17 November 2016]
- 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
- 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
- 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
- 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]
- 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
- 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...
Know the difference between insubordination, gross insubordination and insolenc... ››› more
- [18 October 2016]
- 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]
- How an employee's private hunting trip almost cost Anglo Platinum 11 years' salary and legal fees
- In a recent case law, Anglo Platinum dismissed their employee Mr P De Beer for receiving gifts and favours from suppliers, which was against their policy.
De Beer was the engineering overseer. He was in charge of conveyor belts and processing supplier quotations. The sales rep of their exclusive supplier Mr N Scheepers, was a friend of De Beer. Scheepers would submit quotations for processing t... ››› more
- [31 August 2016]