Theft in the workplace is a serious misconduct that places additional pressure on a business in terms of profitability and sustainability. Each year hundreds of thousands of cases are referred to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) due...
Prevention and Combating of Corrupt Activities Act, 12 of 2004 ("PCCA")In the realm of employment law and corporate governance, the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (“PCCA”) holds significant importance, particularly when it comes to...
Counselling is a recognised form of progressive discipline in the workplace, yet its value is often underestimated when employers consult with employees about workplace infringements. Schedule 8 of the Labour Relations Act (LRA) sets out the Code of Good...
Conducting successful disciplinary hearings requires meticulous adherence to procedural fairness. Employers cannot dismiss an employee without first holding a hearing, as this ensures compliance with legislation and limits risks when dealing with disputes at bodies...
At the start of the employment relationship, even though the parties don’t know each other, a fiduciary duty is already in place that requires the employee to act in good faith and in the best interest of the employer. It is important that the employer implements a...
The act of suspension is widely misunderstood by employers which is problematic in terms of any unfair labour practice. Suspension can be divided into two categories: precautionary suspension and punitive suspension. Punitive suspensionPunitive suspension...
The chargesheet is the first formal step before a disciplinary hearing after the investigation has been concluded. Drafted by the employer or their HR official, this document, also known as a notice of disciplinary hearing, informs the employee of the pending hearing...
The disciplinary code is a guideline for employees to be informed of what is considered unacceptable behaviour in the workplace and to ensure that disciplinary actions are applied reasonably, consistently and fairly.Main purpose of the disciplinary codeThe main...
The South African economic landscape is more often than not can be a highly challenging environment where the employer must manage labour matters as a business risk in order to ensure the productivity and sustainability in business . An employment contract is crucial...
During disciplinary and arbitration proceedings, the employer has a responsibility to present evidence to the chairperson or commissioner to prove its case. Evidence is defined as: “the available body of facts or information indicating whether a belief or proposition...
The relationship between the employer and the employee is based on mutual benefits and respect. Clear rules and guidelines ensure that friction and misunderstandings are kept to a minimum, which in turn promotes not only productivity but also a positive working...
In today's fast-paced business world, relationships between employers and employees can sometimes turn sour. When former employees pose threats or engage in harassment, employers need to take action to protect their assets, their employees, and their reputation. One...
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