At a hearing arranged to discipline an employee both parties are entitled to bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses…
The Code of Good Practice: Dismissal (The Code) imposes a number of requirements on an employer who is contemplating dismissing an employee for misconduct. Three of these requirements are:…
It may surprise many employers to realise that there are currently no legal obligations placed on employers to give an employee any retirement benefits, and very often the employee is left to make his own…
A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never…
It is an established fact that employees accused of misconduct are entitled to an enquiry before any dismissal decision is made. Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the…
Employees found guilty of falsely accusing their employers and colleagues of racism face getting the boot themselves. …
It is true that the law does not allow any party to appeal against an award made by an arbitrator at the bargaining council or CCMA.…
Very often, an employee is suspended while an investigation is conducted into allegations of misconduct or pending the holding and outcome of a disciplinary hearing. …
We have regularly reminded employers of the factors that render dismissals for operational requirements (retrenchments) fair and unfair. …
It is very convenient to employ a worker on the basis of a fixed-term contract. …
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