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Disciplinary

  • 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]
  • A much needed clarification: How to distinguish absenteeism from desertion
  • Do you know when an employee's absence changes from absence without permission (AWOL), to actual desertion? In case you don't, we want to tell you that courts see these as two separate offences, and so must you. Here's why... What's the difference between absenteeism from desertion? Absenteeism is generally a short period of time off without the employee getting permission. In this case, he... ››› more
  • [03 January 2017]
  • 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]
  • 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]
  • 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]
  • Eight questions to help ensure your disciplinary hearing is fair
  • As an employer, there are bound to be employees whose conduct is just not up-to-standard. And so you may wish to dismiss them. But before you do that, you'll need to hold a disciplinary hearing. What's more is that the entire hearing has to be considered 'fair' according to the law. Because if it isn't, you'll end up in big trouble with the CCMA for an unfair dismissal. And trust me, that's som... ››› more
  • [17 August 2016]
  • 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]
  • 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]
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