It is clear by now that not each and every instance of sexual harassment warrants dismissal. Naturally, sexual harassment is constitutes serious misconduct, and, in most cases, employers would be quick to dismiss if the offence has been proven on a balance of probabilities. But it seems that employers should first consider their other options and read their own policies. In a recent CCMA arbitration award, the commissioner concluded that […]
The Disciplinary Eenquiry The Disciplinary Eenquiry What happens if an employee simply walks out of the disciplinary enquiry? Does this mean that the employee has effectively pleaded guilty or does it mean that the employee has given up his or her right to an enquiry altogether? Some employees believe that by doing so, they are shooting down the entire process and that they can then later claim that the dismissal […]
Some employees, as a matter of principle, are to do what it takes to report improprieties, corruption and criminal activities in the workplace either to their employer or to some other institution or person. Blowing the whistle requires bravery on the part of the employee, because there is the real possibility that the employer will respond to a disclosure by dismissing the employee or subjecting him or her to some […]
Almost every employer has a grievance procedure. But the fact that this procedure is tucked away in the employer’s policy manual is not enough for employees must feel that they can lodge a grievance without fear of victimization or punishment. Not only must grievances be managed appropriately, but the grievance procedure also needs to be managed. The fact that no grievances are lodged does not mean that there are none. […]
An employer was dismissed for failure to comply with an instruction to undergo a strip search. Upon a preliminary search, the security personnel noticed something suspicious and the employee was instructed to undergo a strip search (which did not, incidentally, entail the employee’s removing his underwear). The arbitrator concluded that the employee knew of the rule (which was contained in the employer’s Standard Operating Procedures) and that serious consequences attached […]
An employee requested the use of an interpreter in a disciplinary hearing not for herself, but for one of the witnesses she intended to call. The employer did not accede to this request and it was one of the factors in a CCMA commissioner’s concluding that the dismissal was procedurally unfair. For further information on any labour related matters, you can contact Bernard Reisner: W. Tel: 021 423 3959 Fax: […]
An employee admitted that she knew of a clause in her employment contract in terms of which she undertook to submit to searches upon leaving the employer’s premises. The employer had also put notices on notice boards as regards the search policy and the seriousness of non-compliance. The employee was dismissed for refusing to be searched, and the CCMA commissioner affirmed that her dismissal was fair and lawful. For further […]
When does an employee’s absence from work constitute desertion or abscondment? What should the employer do in this case? If an employee is absent from work for an extended period, the employer could argue that the employee has repudiated the employment contract and thereby dismissed himself. If the employee can be contacted, the employer should convene a disciplinary hearing to ascertain the reasons for the absence before dismissing the employee. […]
Intoxication: In most cases, an employee who is found to be under the influence of alcohol at the workplace will be guilty of grave misconduct and, as a rule, the employer may dismiss the employee once it has been established that the employee is indeed under the influence of alcohol. But how does the employer go about proving that the employee is intoxicated? Is a blood test or a breathalyzer […]
The objective of collective bargaining between an employer and organized labour is to reach agreements that are legal and binding in terms of which their relationship is formalised and wages and conditions of employment are fixed for set periods. Collective agreements differ from individual contracts of employment in that employment contracts are entered into between an individual and his or her employer and establish personal rights and obligations. Collective agreements […]
