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Misconduct

Telkom suspends its CFO! Here's how to ensure your employee's suspension is fair
Telkom has suspended its Chief Financial Officer (CFO) Jacques Schindehütte pending a disciplinary hearing. According to a BDlive report, the suspension follows the findings of an investigation commissioned by Telkom's board after certain allegations were made against Schindehütte. While you await the outcome of this high profile suspension, make sure you know what the Labour Relations Act (LRA) says about suspensions so you can apply it to your company's situations....... ››› more
[25 October 2013]

What to do if your employee takes unauthorised leave this December
The year is drawing to a close. This means, as an employer, you'll be inundated with annual leave requests for the December holidays. And chances are you'll even have situations where some employees take unauthorised leave. Continue reading to find out what the Basic Conditions of Employment Act (BCEA) says you must do when employees take unauthorised leave.... ››› more
[24 October 2013]

Which disputes does Labour Court deal with?
If your employee decides to take legal action against your company, you could end up in the Labour Court. Read on to find out about the type of disputes the Labour Court deals with so you can be sure about what goes on at the Court.... ››› more
[22 October 2013]

You can use a polygraph test to catch an employee... But only in these six instances!
A colleague of mine was telling us about her friend, Joe, who's having a big issue in his company. Someone stole about R50 000 worth of items from their work safe. While on leave, Joe gave a manager the code to the safe over the phone. The manager repeated it twice while another two employees were there. The safe needs two people to open it... One with a key and one with the combination. Both employees present had a key, and since then everything's missing from the safe.... ››› more
[10 October 2013]

What offences constitute misconduct?
According to media reports, Top Billing presenter Bonang Matheba and 5FM's Poppy Ntshongwana recently got into a physical fight in Ibiza. The Sunday Sun alleges that it's the girl's jealousy over DJ Euphonik that triggered the violent brawl. DJ Euphonik and Matheba are dating. The report also alleges that the two women used to be good friends, but Matheba became jealous of Ntshongwana's friendship with Euphonik when she apparently realised he has a 'soft spot' for her. While this may be hot news for gossip columns, fighting at work is an offence that constitutes misconduct. Read on to discover the other offences.... ››› more
[09 October 2013]

Follow these five rules when you need to issue a final written warning
A final written warning (FWW) is the last written warning you'll give your employee to correct persistent, repeated misconduct. Or to correct more serious misconduct before you dismiss him. But there are five rules you need to follow when issuing FWWs to make them legal. Read on to find out what they are...... ››› more
[08 October 2013]

Three reasons you should discipline your employee during his notice period...
Your employee's just resigned. He's given you a month's notice. But now he's messing up on a key client, and you can't take action because he's leaving, right? Wrong! You can still discipline an employee during his notice period... And you should!... ››› more
[25 September 2013]

What to do if your employee is an addict
A report by Health24 suggests that more than 11% of South Africans have addiction problems. Their top drugs of choice? Dagga and alcohol. This means it's possible you may be faced with a situation where one of your employees is a drug addict. Here's what to do if your employee has a dependency problem.... ››› more
[25 September 2013]

How to discipline an employee who's watching porn at work
Sometimes an employee's conduct can be unacceptable. One of these intolerable situations is when an employee sends or receives pornography in the office. Read on to find out how to take action and still stay on the right side of labour law.... ››› more
[20 September 2013]

What to do when transferred employees aren't compatible with your business
Incompatibility is defined as the inability on the part of an employee to work in harmony either within the corporate culture of the business or with fellow employees. This is very common after mergers or acquisitions. But is incompatibility grounds for dismissal?... ››› more
[18 September 2013]

Three factors you must look into before you take action against a drunk employee
So your employee pitches up at work drunk. You send him home and decide to hold a disciplinary hearing. But it isn't as simple as that! Make sure you stay on the right side of labour law. Consider these three factors before you take action...... ››› more
[12 September 2013]

Here's what you need to do to dismiss an employee who abuses alcohol at work
A senior South African official has been fired for being drunk at the Chelsea Flower Show in London, News24 reports. Yesterday, Water and Environmental Affairs Minister Edna Molewa, released a statement saying SA National Biodiversity Institute (Sanbi) board chair Tami Sokutu has been 'released from his position'. The reason?... ››› more
[12 September 2013]

What are the consequences of a protected strike?
Protected strike action in the motor retail sector - including petrol attendants, garage workers and the automobile components sector - entered its third day on today. And there's been mounting reports of intimidation at petrol stations, BDlive reports. Workers affiliated to the National Union of Metal Workers of South Africa (Numsa) downed tools on Monday over wages. If you think intimidation is the only thing you could face during strike action, you're wrong. Here are the other consequences of a protected strike.... ››› more
[11 September 2013]

Use these three tips to ensure you NEVER hold a second inquiry
You already know that you may hold a second disciplinary inquiry if you believe it's fair to conduct one. To do this, there are certain factors you must consider. This can be a tedious process as you try to avoid being on the wrong side of labour law. The good news is you can avoid this completely if you get it right the first time around. Here are three tips to help you do this.... ››› more
[09 September 2013]

Report finds thousands of cops are moonlighting - Here's how to manage this at your work
An estimated 27 000 South Africa Police Service (SAPS) members are allegedly active directors of private companies, while 70 police employees have a direct interest in 73 companies that did business worth R31m with the SAPs. According to the Sunday Independent, the Special Investigating Unit's interim report covering April to September last year states that none of the 70 SAPS employees disclosed their business interests. These findings have cast the spotlight on moonlighting employees. Here's how to manage conflicts of interest and moonlighting in your workplace.... ››› more
[02 September 2013]

"Leave Miley Cyrus alone"? The dangers of ignoring staff misbehaviour
Miley Cyrus is all over the news with her controversial performance at the MTV Video Music Awards. Some say her actions are the folly of youth, others say she's inappropriate and needs to be controlled. If Miley Cyrus worked for you, could you discipline her? Read on to find out...... ››› more
[30 August 2013]

Have a strike on your hands like SAA? Use these four tips to deal with misconduct...
Strikes have a number of unpleasant consequences for you as an employer. South African Airways (SAA) is experiencing that right now. This after the South African Transport and Allied Workers Union (Satawu) began striking at OR Tambo International Airport this morning over wage demands. While the SAA strike hasn't been violent, intimidation and misconduct are some of the things you could face during a strike. Here are four tips you can use to deal with intimidation and misconduct once you have a strike on your hands.... ››› more
[26 August 2013]

Dozens of top cops are criminals - are your employees?
Dozens of high ranking cops have criminal records! That's right! The people charged with your public safety don't even bother to check their applicant's backgrounds. Are you making the same mistake? Here's why background checks are important for your business...... ››› more
[16 August 2013]

Two types of suspensions you can use to say 'You're suspended!' legally
If you're unsure of how to legally suspend your employees, there are two types of suspension you can follow. Read on to find out what they are so you can stay on the right side of the law.... ››› more
[15 August 2013]

Are your employees disregarding health and safety rules?
Use these three methods to protect your company from vicarious liability If your employees don't follow your health and safety rules, you can pay huge penalties. That's because when health and safety rules and laws aren't followed and incidents occur, your company is held liable. But there's a way you can protect your company. Read on to find out how you can protect your company from vicarious liability.... ››› more
[15 August 2013]

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Top Articles Can I serve alcohol at our end of year party? You can use a polygraph test to catch an employee... But only in these six instances! Dismissing employees on an unprotected strike? Here's what to consider 12 Must-haves for a legal tax invoice When is promotion unfair?

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