Absence does not make the heart grow fonder
Employers rely a great deal on, or expect employees to be present at work. It is therefore a major source of frustration for employers when employees are absent.
Hearsay evidence can render dismissals unfair
At a disciplinary hearing, the presiding officer (chairperson) should reject evidence that is legally inadmissible. One type of evidence that…
Be Prepared for Disciplinary Hearings
In a Labour Court review case the employer had dismissed the employee for theft but the CCMA had ordered the employer to reinstate him.
If best candidate declines the job, is second best entitled to be appointed?
In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral Sands, the Commissioner had to…
Polygraph Tests
The guidelines that follow are provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) What is a polygraph test?…
Fixed-term contracts not for permanent positions
Employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts of employment. A key reason for…
Reinstatement: A remedy for unfair dismissal and unfair labour practices
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
False Allegations of Racism may be Grounds for Dismissal
Can an employee who makes a false allegation of racism against another employee be dismissed? The answer is yes, employees…
Jailed employees – dismissal for operational incapacity?
Our previous article was about the rights of jailed employees. This article is more about the employer's rights when an…
Jailed employees still have rights
It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself'. However, this…