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Disciplinary action after resignation with immediate effect

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan TruterLeave a Comment

Can employees escape the consequences of their actions by resigning with immediate effect? There has been uncertainty about an employer’s right to proceed with disciplinary action after an employee’s resignation ‘with immediate effect’ but a judgement of the Labour Court in Cape Town has brought about much needed clarity.

PLEA BARGAIN ARRANGEMENTS IN DISCIPLINARY CASES

In Article Archive, Private by Barney JordaanLeave a Comment

The issue of ‘plea bargaining’ arises where there are several perpetrators involved in a disciplinary transgression. The employer needs one or more co-perpetrators to give evidence at the disciplinary hearing. Can one agree to a lesser sanction in return for his testimony against the alleged accomplices?

PART-TIME EMPLOYMENT CLARIFIED

In Article Archive, Private by Jan Truter4 Comments

Until recently, our labour legislation has made no reference to part-time employment. What has gone almost unnoticed is the specific introduction of the protection of employees that are employed on a part-time basis in contrast to fixed term contracting that has received a lot of publicity recently.

EMPLOYER RIGHTS PERTAINING TO PREGNANCY AND MATERNITY LEAVE

In Article Archive, Private by Barney Jordaan2 Comments

Does a job applicant need to disclose her pregnancy status to an employer? May an employer take disciplinary action against an employee who, at the time of appointment, failed to disclose her pregnancy? Or lied about it? May an employee who is on maternity leave be dismissed for genuine reasons relating to performance, disciplinary action or redundancy?

FIXED TERM CONTRACTS: Changes effective 1 Jan 2015

In Article Archive, Private by Jan Truter50 Comments

One of the most important changes to the Labour Relations Act , which came into effect on 1 January 2015, is the added protection afforded to employees on fixed term contracts. While some employers and employees are not directly affected, the impact will be far reaching and employers are encouraged to review their current contracts and practices to ensure compliance.

CONTRACTING OUT OF THE LABOUR RELATIONS ACT

In Article Archive, Private by Jan Truter2 Comments

Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

CHANGING A DISCIPLINARY SANCTION

In Article Archive, Private by Barney JordaanLeave a Comment

Does it make any difference if the employer’s disciplinary procedure makes specific provision for management’s power to overrule a chairperson’s decision? Or if it states that the chairperson’s findings are just recommendations and not final decisions?

ZERO TOLERANCE FOR ALCOHOL AND DRUGS IN THE WORKPLACE

In Article Archive, Private by Barney Jordaan1 Comment

Dealing with alcohol and drug abuse in the workplace is not easy. At the one extreme you might have a driver who drinks heavily on a particular occasion while on duty, and then drives and crashes a company vehicle while under the influence of alcohol. At the other extreme, you might have a clerk who occasionally smells of alcohol at the workplace, but approaches the employer of his own free will for assistance with alcohol dependency. While these situations clearly require different approaches, there could be a number of situations in between that each requires a slightly different approach.

EARLY TERMINATION OF FIXED TERM CONTRACT BY BALEKA MBETE

In Article Archive, Private by Jan Truter2 Comments

When employers want to terminate a fixed-term contract before the expiry date, it would seem to make sense that this could be done as long as they pay the employee for the balance of the term. However, a recent Labour Court case involving the Office of the Presidency has highlighted the fact that premature termination of employment may amount to an unfair dismissal.

DISPUTES ABOUT BENEFITS PART 2: DISPUTES OF RIGHT AND DISPUTES OF INTEREST

In Article Archive, Private by Jan Truter2 Comments

In the previous article we discussed recent developments is case law relating to disputes about ‘benefits’. We pointed out that such disputes that would previously have been referred to the Labour Court because it related to remuneration, may now be referred to the CCMA on the basis that the employer has exercised its discretion unfairly. But there is another potential obstacle that needs to be considered – this is the argument that the CCMA does not have the jurisdiction to arbitrate on so-called ‘disputes of interest’.

DOCTORS ISSUING SICK CERTIFICATES ON DEMAND

In Article Archive, Private by Barney Jordaan15 Comments

Employees are not necessarily the only ones to blame for the abuse of sick leave in South African workplaces. It is a known fact that some doctors earn an easy fee by issuing medical certificates without examining the employee. Most employers assume that they simply have to accept medical certificates at face value.

QUO VADIS FIXED TERM CONTRACTS?

In Article Archive, Private by Jan Truter10 Comments

Just as we think that the law pertaining to fixed term contracts has settled, something changes. While the latest development regarding the expectation of renewal of a fixed term contract may be welcomed by employers, there is no reason to celebrate.

ACCOMODATING CULTURAL BELIEFS AND INDIGENOUS CUSTOMS

In Article Archive, Private by Pieter2 Comments

Should an employer try to accommodate an employee’s request for leave of absence to be trained as a traditional healer, where the period of absence may be as long as one month or longer? Or to grant leave in excess of the family responsibility leave available to an employee so that she can fulfil her obligation to arrange for a family member’s funeral?

TRASHING YOUR BOSS ON FACEBOOK

In Article Archive, Private by Jan TruterLeave a Comment

Social networks, such as Facebook, serve as a useful vehicle for sharing one’s personal views. It can also have unexpected and unfortunate ramifications. One example is when an employee makes use of a social network to air his views about his or her employer.

AFFIRMATIVE ACTION: WHERE THE LAW STANDS AT PRESENT

In Article Archive, Private by Barney JordaanLeave a Comment

The recently proposed amendments to the Employment Equity Act (‘EEA’) created much discussion and concern. The concern arose from both the substance of some of the proposals and the poor manner in which they were drafted. For now it would appear that the proposed changes (as well as proposed changes to the LRA and the BCEA) will not be passed in law in their current form. We are likely to see, at some point in the not too distant future, better considered and drafted proposals for change.

PROSPECTIVE EMPLOYEE’S DUTY TO DISCLOSE INFORMATION

In Article Archive, Private by Jan Truter4 Comments

There is a fair chance that a job seeker has left the employment of the former employer on bad terms. Whatever the circumstances, the applicant is faced with the difficulty that volunteering such information could harm the prospects of getting a new job. The job seeker may get away by being scant on detail in the CV. Being evasive during the job interview is likely to be more problematic. But how far does the duty to disclose go?

KEEPING UP WITH EMPLOYMENT EQUITY

In Article Archive, Private by Barney JordaanLeave a Comment

Complying with the Employment Equity Act (EEA) is not merely a mechanical process. There are indeed some procedural requirements, but in assessing compliance consideration must be given to whether ‘sufficient progress’ has been made with the …

DEALING WITH DESERTION

In Article Archive, Private by Jan Truter16 Comments

When an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself.