DON’T DELAY DISCIPLINE

DON’T DELAY DISCIPLINE

In order to optimise 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...
JAILED EMPLOYEES STILL HAVE RIGHTS

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...
EMPLOYEES, AN EXPENSE OR AN INVESTMENT?

EMPLOYEES, AN EXPENSE OR AN INVESTMENT?

Where businesses and other organisations are unable to get work done by robots, they need to acquire the necessary skills by hiring staff. A key question then arises as to whether the money expended to acquire and retain these employee skills should be seen as an...
ABSENCE DOES NOT MAKE THE HEART GROW FONDER

ABSENCE DOES NOT MAKE THE HEART GROW FONDER

Ensure that the rights of absent employees are adhered to before dismissing The law considers absenteeism over short periods (a day or two) without leave or without good reason as minor misconduct. However, when even short periods of absence become the norm amongst a...
CROSS EXAMINATION IS AN ESSENTIAL TOOL

CROSS EXAMINATION IS AN ESSENTIAL TOOL

South Africa’s Constitution gives all accused persons the right to defend themselves. Cross examination is a key tool used for this purpose. It is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it...
CONSISTENT DISCIPLINE IS MOST IMPORTANT

CONSISTENT DISCIPLINE IS MOST IMPORTANT

The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede...