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07
Mar

0

INVESTIGATING MISCONDUCT IS A MUST

Most managers are busy people and therefore claim nor to have time to investigate reports of misconduct or poor performance. It is often for this reason that managers may implement discipline hastily without first investigating the validity of the reports. This may occur due to feelings of anger or to ignorance of the labour law […]

22
Feb

0

BEWARE OF RETRENCHMENTS FOR POOR PERFORMANCE

The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to deal with poor work performance.   However, while retrenchments and poor performance terminations should […]

15
Feb

0

INTERDICTS, DISCIPLINARY HEARINGS AND REPRESENTATION

Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing employers, employees or trade unions from proceeding with threatened or current actions.   A distinction should be drawn between an interdict and a writ. This is because a writ is issued by the Court in order to […]

08
Feb

0

POOR CONDUCT CAN MEAN POOR MANAGEMENT

Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects a management that is either under skilled or unwilling to manage employee conduct. As a result we […]

07
Dec

0

FIRING THE LOT COULD PUT YOU IN A SPOT

Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given by two important cases; those involving Score Supermarkets and Snip Trading. In the case of […]

02
Nov

0

WORKPLACE WHISTLE BLOWERS ARE WELL PROTECTED

Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart information.   Secondly, the Protected Disclosures Act no.26 of 2000 (PDA) specifically protects […]

12
Oct

0

NEDLAC PROCESS BESET BY CONFLICTING AGENDAS

‘NEDLAC’ stands for the National Economic Development and Labour Council. This is a high level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body therefore has a major responsibility to arrive at proposals for legislation that will promote economic development […]

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