- 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]
- Missing deadlines - insubordination or not? And two common employee behaviours you need to worry about
- Insubordination is when your employee doesn't obey a direct and specific order from you - his manager.
This form of behaviour has no place in your workplace, it's destructive and it undermines your authority.
So how do you deal with it? Well, the best way to handle insubordination is to address it in its very early stages. To do that, you need to be able to identify what types of behaviour... ››› more
- [20 February 2017]
- Don't confuse poor performance and misconduct - find out how they differ so you can avoid legal comebacks
- Our labour experts conduct continuous research on how employers deal with employee issues in the workplace.
One thing they've found recently is that most employers confuse poor performance with misconduct and vice versa. And this can only mean one thing, these employers aren't dealing with poor performance and misconduct correctly and they're exposing themselves to labour disputes.
Don't mak... ››› more
- [25 January 2017]
- Is your employee moonlighting at other jobs behind your back? Here's what to do!
- Lisa comes to work an hour late, bleary-eyed and with the excuse that she overslept - she can barely keep her eyes open at her desk! You overhear her telling someone that she's a bartender a few nights a week for extra cash. Meanwhile, Dina hasn't come in at all with the excuse that she's at a funeral - again - but you know she's doing freelance graphic design work from home for a friend of yours.... ››› more
- [17 November 2016]
- How to dismiss employees you can't identify
- You believe that a particular group of employees are up to no good in your workplace. But there's just one problem: You don't know exactly who the culprits are out of that entire group! In other words, you can't identify the perpetrators, and so you can't prove who's guilty of the misconduct.
This may seem like a dead end at first glance, but you'll be surprised to know that that's not necessaril... ››› more
- [17 May 2016]
- CASE LAW: Disciplining an employee for 'obvious' misconduct can still be unfair! Take a look
- You need discipline in the workplace to ensure a harmonious environment in which everyone can work at their best.
This means that you must maintain a certain level of conduct in the workplace, while swiftly confronting any behaviour that infringes on your rules.
One of the most important areas of conduct is obeying your instructions, provided they're lawful and reasonable of course.
Fa... ››› more
- [19 April 2016]
- 5 actions you simply CAN'T discipline
- You'll more than likely have certain standards of conduct which you expect your employees to follow as they carry out their workplace activities. And if they were to break any of those standards, you would discipline them accordingly.
Yes, discipline is an important workplace factor as it helps to ensure a harmonious working environment in which all employees can function at their best. But it'... ››› more
- [19 April 2016]
- Pass this 'Fairness Test' before dismissing an employee for misconduct
- Do you want to dismiss an employee?
And you probably have a few reasons you want to do this. And dismissal for misconduct could definitely be on that list of reasons.
Wanting to dismiss an employee for misconduct basically means that you want to dismiss him because he's broken a company disciplinary rule, which he clearly knew about.
Classic examples of misconduct include gross dishonesty... ››› more
- [11 April 2016]
- What offences constitute misconduct?
- A little while back, the media was jam-packed with reports about 2 SA celebrities getting into a physical fight in Ibiza. It was jealousy over a DJ that triggered the violent brawl. While this may be hot news for gossip columns, fighting at work is an offence that constitutes misconduct.
But what exactly is misconduct?
Dealing with employee misconduct swiftly and effecti... ››› more
- [03 March 2016]
- Would you accept this kind of abuse from an employee?
- 'You dribble sh*t. You always dribble fu**ing sh*t.'
This was part of a tirade directed at the managing director of a waste management company recently by one of his drivers.
Not surprisingly, the MD terminated the driver's employment.
However, in the ensuing unfair dismissal case, the commissioner found that the employee's conduct was not sufficient cause for termination.
And the ... ››› more
- [01 March 2016]