What happens if an employer cannot prove disciplinary charges against an employee or a group of employees?

May the employer then dismiss the employees on the basis of operational requirements? In a recent decision of the Labour Court, the employer’s key witness disappeared and the employer took the view that it could no longer prove intimidation and assault on the part of employees during the course of a protected strike. The other witnesses were too scared to give evidence. So instead of pursuing the route of misconduct, the employer dismissed the employees on the basis of operational requirements. The Labour Court found, first, that the employer should have held disciplinary enquiries (because there was sufficient hearsay evidence) and that it was not permissible for the employer to bypass the misconduct route and use the operational requirements dismissal instead.

CONTACT CAPE LABOUR.

For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 
082-433-8714
Fax: 
021-4232105
E-mail: 
bernard@capelabour.co.za
Website: 
www.capelabour.co.za