Discipline and dismissal
- Don't waste any more time on delinquent employees! Put this in place today to dismiss for misconduct...
- We've all had that employee... The one that just doesn't do what he's supposed to. Whether it's on purpose or not, he's just a delinquent! Let's take Craig. He's had more smoke breaks than you can count, despite you telling him he's only allowed to smoke during his tea breaks. This just keeps happening, and now you want to discipline him.
But where do you start? Is he being insubordinate? Or i... ››› more
- [17 December 2015]
- Your employee slated you on Facebook - here's the legal action you can take
- There was a case a little while back... An employee was fired for calling his boss a 'serial masturbator' on Facebook. There have also been employees suspended for posting Facebook updates their employers considered unacceptable. But what's the correct procedure you should follow if you catch your employees making malicious statements about your company?
Let's have a look at the legal steps you... ››› more
- [11 December 2015]
- The CCMA awards your employee...Here's how you can prevent him from getting his money...
- You spend weeks planning for the CCMA. You make sure you have everything in order. But despite all your hard work, you lose. And now you have to pay your employee 24 months' salary as his award. Once your employee has an award in his favour, he can enforce it against you. He can even have the Sheriff attach your property and sell it in execution if you don't pay.
That's why you need to know wh... ››› more
- [11 December 2015]
- Avoid the mistake 95% of employers make and win your next CCMA case
- You've got a case at the CCMA on Friday. You've prepared all your evidence. You're ready...
Have you called the witnesses? Have you organised for them to be at the CCMA on Friday? Did you go through their evidence with them before the hearing?
If so, make sure that you see them separately and not together. Make sure that a witness who must still testify isn't in the room when another testifi... ››› more
- [19 November 2015]
- 8 Important pointers for questioning your witness during arbitration hearing
- Arbitration is a full re-hearing of a case. It includes an investigation of the fairness of your procedures leading up to your employee's dismissal.
During the hearing, you must give evidence to prove why the employee was dismissed. This includes questioning witnesses to prove your case was fair.
The first pointer to note when questioning your witnesses, is you must lead the questions but n... ››› more
- [16 November 2015]
- 5 Crucial steps to take before you dismiss a poor performer after probation
- Jane, your new employee is currently on 3 months' probation. Since joining your company, she hasn't met any of her deadlines and her performance isn't up to scratch.
You then decide you'll dismiss her as soon her probation ends.
Before you dismiss her, make sure you take these 5 crucial steps to avoid an unfair dismissal case at the CCMA.
Keep reading below...
***Author recommends***... ››› more
- [09 November 2015]
- Use this checklist created by HR experts to ensure your disciplinary processes are procedurally fair
- One of our readers is busy planning a disciplinary hearing for one of her employees. The employee is charged for theft.
The reader asked on the labourandhrclub, how she can be sure their disciplinary processes are correct and legal because she doesn't want to end up at the CCMA.
The answer is simple, all disciplinary processes need to be procedurally fair. This is according to the Labour La... ››› more
- [02 November 2015]
- 10 Common mistakes employers make when it comes to dismissal
- Fighting an employee case at the CCMA is daunting. It's even worse when it's constructive dismissal.
Constructive dismissal is when an employee resigns and claims it's because of unfair treatment by you.
For example, Susan resigns from employment and says she wants to focus on her studies. Two weeks later you get a notification from the CCMA stating that Susan has filed a constructive dismis... ››› more
- [26 October 2015]
- You'll let your guilty employee off the hook if you suspend him illegally!
- Did you catch your employee stealing from you? Or committing fraud? Your first instinct will probably be to suspend him without pay, so you can investigate the case. But hold on a minute!
You must put your anger and panic aside and follow the advice I'm about to give you. This way, you can suspend him, legally and efficiently.
Keep reading below...
Make sure you get suspension 100% right ... ››› more
- [23 October 2015]
- Six requirements for a fair disciplinary hearing
- If your employee commits misconduct, you can't just dismiss him.
You need to first hold a fair disciplinary hearing. A fair disciplinary hearing gives him the opportunity to prove he's innocent.
And if your hearing isn't fair, your employee can report a case at the CCMA.
Follow the below six requirements for a fair disciplinary hearing so your employees don't accuse you of unfair labour p... ››› more
- [21 October 2015]
- How do you pay a deserting employee?
- So, one of your employees is absent from work and fails to return. What's more is that he fails to contact you as to the reason for his absence. He makes absolutely no effort to let you know what's going on, when and even if he'll return to work.
If this is the case, the chances could very well be that he has deserted his post and left you hanging.
And if this is the case, how would you go a... ››› more
- [13 October 2015]
- 10 Documents you need to prepare for a CCMA conciliation
- Your employee, Tim, committed a misconduct. So you follow your internal disciplinary processes.
Tim is found guilty of the misconduct and you dismiss him.
A few days later you receive notification to attend a CCMA conciliation hearing. In the notification, Tim claims you dismissed him unfairly.
So now that you've received the notification, you need to know which documents you need to pr... ››› more
- [12 October 2015]