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    DISMISSAL: MISCONDUCT

    Contents

    1. OVERVIEW: DISMISSAL FOR MISCONDUCT
    2. THE NATURE OF DISCIPLINE
    2.1 There must be a rule or standard
    2.2 The rule must be valid
    2.3 The rule must be consistently applied
    2.4 The employee must be aware of the rule
    2.5 Corrective approach
    3. THE DISCIPLINARY HEARING
    3.1 Preparation for disciplinary hearing
    3.2 Conducting the disciplianry hearing
    3.3 Administration after the hearing

    Downloadable Forms Click here to access these documents in the Forms section

    1A1 Notice of Disciplinary Enquiry
    1B1 Detailed Guidelines: Preparing for Disciplinary Enquiry
    Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
    Form 1.1 Disciplinary Code & Procedure
    Form1.2 Informal disciplinary interview.No dismissal envisaged
    Form 1.3 Record of warning. All in one
    Form 1.4 Notice of disciplinary hearing
    Form 1.4b Notice of disciplinary hearing & suspension
    Form 1.4c Suspension only
    Form 1.5 Formal disciplinary hearing guidelines. Possible dismissal
    Form 1.6 Dismissal.notice
    Form 1.7 Administration after dismissal
    Form 1.8 Certificate of service

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    6 Comments

    1. Jan Truter
      Posted 20 December 2016 at 12:51 pm | Permalink

      Reply to Mokgalaka: You may challege your dismissal by referring a dispute to the CCMA.

    2. mokgalaka promise
      Posted 29 November 2016 at 7:15 pm | Permalink

      I’m unfairly fired from work without no reason

    3. Jan Truter
      Posted 17 August 2016 at 2:27 pm | Permalink

      Reply to Simon: Whether bad financial advice was renderd in a specific instance is objectively determinable. What action can be taken, though, depends on the seriousness of the ‘mistake’ or ‘mistakes’, as well as (in your case) the extent to which he engaged with you regarding the expectations of the business.

    4. Simon
      Posted 16 August 2016 at 11:15 pm | Permalink

      Can my line manager accuse an employee of rendering bad financial advice when he did nothing after 5 performance appraisals to highlight his concerns about the quality of my advice or set a meeting with him or her whether formal or informal to satisfy himself that the advice dispensed to clients is aligned to what is required by the business

    5. Jan Truter
      Posted 26 February 2014 at 9:08 am | Permalink

      Reply to Francois: You may refer an unfair dismissal dispute to the CCMA within 30 days of the date of your dismissal.

    6. Francois Meyer
      Posted 21 February 2014 at 9:39 pm | Permalink

      I was unfairly dismissed for misconduct on 2 cases. I needs advice that i can use in the labour court. Please assist

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