New case deals with a South African who quit before their disciplinary hearing – here’s what happened

2019-06-24T10:57:41+02:00

A recent Labour Court case has brought about more uncertainty as to whether an employee can quit before being fired.

According to Michael Yeates, director at Cliffe Dekker Hofmeyr, the case dealt with Standard Bank employees who resigned with immediate effect to avoid disciplinary action.

“Delivered on 24 May 2019, the Labour Court ruled that an employer [more…]

New case deals with a South African who quit before their disciplinary hearing – here’s what happened2019-06-24T10:57:41+02:00

Specific forms of misconduct in the workplace and the necessity for a disciplinary code

2019-05-20T08:30:03+02:00

Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice.

Employers should have a Disciplinary Code

Schedule 8 of the LRA further stipulates that all employers should adopt disciplinary [more…]

Specific forms of misconduct in the workplace and the necessity for a disciplinary code2019-05-20T08:30:03+02:00

The race card: Not the joker in the pack

2019-05-01T21:41:07+02:00

In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC), in considering a judgment granted in favour of the employee in a review application by the Labour Court, held that an employee who was dismissed for gross insubordination committed misconducted [more…]

The race card: Not the joker in the pack2019-05-01T21:41:07+02:00

Judgment on employee suspension doesn’t mean employers are in the clear

2019-04-05T11:28:17+02:00

Despite a recent Constitutional Court judgment easing the burden on employers when dealing with precautionary suspension, a legal expert warns that employers can still be found guilty of committing an unfair labour practice.

Last month, the Constitutional Court upheld a judgment passed by the Labour Court which states that an employer is under no obligation to [more…]

Judgment on employee suspension doesn’t mean employers are in the clear2019-04-05T11:28:17+02:00

Disciplinary enquiries: Procedure, rights and obligations of employer and employees

2019-04-02T06:20:09+02:00

Provided By Abrahams & Gross By Wesley Scheepers

Disciplinary action occurs when a rule or standard of conduct in the working environment has been breached and cannot be remedied by any other means. However, this step can only be taken when an allegation of misconduct has been proven by means of evidence.

Employee codes of conduct

Employees are [more…]

Disciplinary enquiries: Procedure, rights and obligations of employer and employees2019-04-02T06:20:09+02:00

Why employees need to mind their Ps and Qs on social media

2019-02-15T14:20:28+02:00
Social media represents one of the most significant developments in human communication and has undoubtedly changed the way we interact and share information. Social media has become a prevailing presence in our lives, including the workplace, and therefore poses a significant risk to the reputational integrity [more…]
Why employees need to mind their Ps and Qs on social media2019-02-15T14:20:28+02:00

Refusal to accept retracted resignations does not constitute dismissal

2017-11-13T12:02:43+02:00

The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that that the withdrawal of resignation cannot have any effect unless the employer consents to such withdrawal. The enforcement of the resignation is therefore not an unfair dismissal and applicants have no claim as a result.

In the case [more…]

Refusal to accept retracted resignations does not constitute dismissal2017-11-13T12:02:43+02:00

Hlaudi hanged by his own tongue with his bizarre press conference

2017-09-07T09:14:21+02:00

TimesLive writes that former SA Broadcasting Corporation (SABC) chief operating officer Hlaudi Motsoeneng dodged damning findings by the public protector and a R10-million bonus scandal, but it was a bizarre press conference that eventually brought him down.

He was officially fired from the public broadcaster on Monday, following an [more…]

Hlaudi hanged by his own tongue with his bizarre press conference2017-09-07T09:14:21+02:00
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