Dismissal may not automatically follow incarceration

The arrest and imprisonment of an employee presents employer’s with significant challenges in that the employee is incarcerated and absent from work.

It is possible that the employee is granted bail and returns to work relatively and quickly.

A different challenge faces employers, however, when bail cannot be raised or is not granted. The employer clearly faces operational challenges in the light of the employee’s absence; the employee on the other hand is incapable of tendering his or her services in accordance with their employment obligations.

On his release, the employer has to afford the employee an opportunity to attend a disciplinary hearing, if so required, before any disciplinary action (if any) is to be imposed against the employee.

For further information on unfair labour practice, you can contact

Bernard Reisner:

W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za