
Various types of misconduct in the workplace
30 August 2021 | R Streso Misconduct in the workplace refers, but is not limited to: 1. Absent without leave or permission: No further explanation on this topic is required. 2. Reporting late for duty: Both the principles of sound management and the Labour Relations Act (LRA) require that employers use firm, swift, fair and graduated disciplinary measures to deal with...
Requirements for substantively and procedurally fair dismissals
A dismissal must be fair. In order for a dismissal to be fair, it must be proved that the dismissal is both substantively and procedurally fair. These “two legs of fairness” can be summarised as follows: 1.1 Substantive Fairness The employer is required to prove substantive fairness at a disciplinary inquiry.
CCMA process explained
Should an employee feel that they have been unfairly disciplined or dismissed, they can refer the matter to the CCMA (Commission for Conciliation, Mediation & Arbitration). The commissioner will then act as a facilitator/judge.
When injury or disease strike at work
It often occurs that employees are injured while performing their duties in the course of their employment. When they are injured or contract a disease, they suffer damages and are entitled to compensation. In such instances, the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) applies.
Can an employer taking disciplinary action, result in it being considered an automatically unfair dismissal?
15 January 2021 | Jean Vermaas In the matter of James v Namcon (Pty) Ltd it was ultimately decided that the Employers action in disciplining and eventually dismissing the employee was an automatically unfair dismissal in terms of Section 187 of the Labour Relations Act which reads as follows: (1) A dismissal is automatically unfair if the employer, in dismissing the employee,...