- 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]
- Always ask these five questions when disciplining or dismissing employees to ensure substantive fairness
- Can your employee take you to the CCMA even if he resigns from employment? Yes, he can!
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... ››› more
- [07 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.
................................................... ››› more
- [29 November 2016]
- An employee who's injured while sleeping on the job can still sue you! Here's how to protect yourself
- Let's say you have an employee who's sleeping on the job (on a platform), he takes a tumble, injuring himself badly.
His family vow to sue you for everything you have!
But wait a minute! He was sleeping on the job! How's that your fault?
Unfortunately, it's not as simple as that! They can sue you, and the chances are they will.
So in order to protect yourself, you have to make sure... ››› more
- [20 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]
- 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]
- Two steps to follow if your employee is abusing drugs
- So an employee of yours has been caught napping on the job on several occasions! You're not impressed by this behaviour at all, and so decide to hold a disciplinary hearing.
But in the disciplinary hearing, you discover a shocking truth behind her behaviour, namely that she's addicted to sleeping tablets.
This confession will more than likely throw you off completely! And understandably so, ... ››› more
- [12 August 2016]
- 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]
- Never ever make these four mistakes when disciplining an employee...
- 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 the company intranet. You explained the petty cash rules to her a long time ago.
Everyone in the company, including Tracey's manager who oversees the petty cash, often borrows money from the petty cash. They use it... ››› more
- [28 June 2016]
- Desertion: Include these three distinctions in your disciplinary code or risk an unfair dismissal
- Desertion may seem like a fairly straightforward concept to deal with. But the truth is that many employers get it wrong. And one of the biggest reasons for this is that they don't deal with it correctly in their disciplinary codes.
Keep reading to see what I mean...
What can you do when you think your employee's gone AWOL?
Your employee hasn't shown up for work a... ››› more
- [12 May 2016]