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27
Jul

0

Double Jeopardy Discipline Costly For Employers

Can the employer can discipline an employee twice for the very same incident of misconduct? Under exceptional circumstances a second disciplinary process might be justified if the employer is able to present evidence that: Is new and has therefore not been presented at the first disciplinary hearing and Is relevant to the charges and is […]

20
Jul

0

Fixed-term Contracts Not For Permanent Positions

South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to implement or terminate. The point at which the employer gets caught out is […]

13
Jul

0
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Staff Happiness Is Not Incompatibility

The lodging of complaints by staff can be used as grounds neither for alleging incompatibility nor for dismissing employees.   In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace incompatibility, highlighted three important characteristics of incompatibility. It said that: Incompatibility refers […]

07
Jul

0
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Conflict of Interests

It is inherent in the nature of employment relationships that, as the employer is paying the employee for his services, he/she is obliged to be loyal to the employer and to devote his/her efforts to the interests of the employer. The employee should therefore carry out his/her work diligently and according to the employer’s instructions, […]

29
Jun

0
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Don’t Delay Discipline

In order to optomise the corrective effect of discipline it needs to be implemented as swiftly as possible. This does not mean that the disciplinary process must be carried out hastily. It does mean that, psychologically and legally, unnecessary delays must be avoided.   Psychologically, the closer in time the corrective action/discipline is to the […]

23
Jun

0

Jailed Employees Still Have Rights

Dismissing employees who have been arrested can be dangerous.   It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking may include:   The employer fears having a criminal at the workplace Employers […]

15
Jun

0
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Employees – An Expence Or An Investment?

The most important reason for employing people is the need for their skills. The question is whether the money expended in order to acquire and retain these employee skills should be seen as an expense or as an investment. Most frequently employers consider the money spent on employment as an expense. This expense is most […]

02
Jun

0
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Cross Examination At Disciplinary Hearings

Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is conterntious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought against him/her. Before examining this question it is necessary to look at what is […]

18
May

0
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Equal Pay for Work Of Equal Value Now Compulsory

The new section 6(4) of the Equity Act (EEA) effective from 1 August 2014 classifies as unfair discrimination differing terms and conditions of employment where:   this difference is based on the grounds for unfair discrimination listed in the EEA and the employees affected are doing work of equal value.   It is stressed that […]

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