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In Article Archive, Private by Barney Jordaan6 Comments

The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules.

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  1. dismissed lecturer based on the fact that students 3 students complaint for not being adequately prepared for the exams and the lecturer being rude. The students were not present at the hearing only a written statement from them was received.

    The dismissed lecturer and the employer had a pending case at the CCMA were lecturer was accusing the employer of issuing warnings without following procedure. The lecturer was dismissed before the hearing at CCMA commenced about issuing warnings without following procedure could be heard.

    1. Reply to Mpho: It is not good practice to have a hearing based on written statements only, as the employee is then unable to effectively challenge the allegations. This is a procedural flaw that can also lead to substantive unfairness.

  2. Can you kindly advise me on a time frame an employer has to take in terms of conducting a disciplinary hearing procedure, and what should the employee do if the employer fails to abide with time frame and the employee is still being placed on Precautionary suspension?

    1. Reply to Teboho: The disciplinary hearing has to take place within the period stipulated by its own disciplinary procedure, or, if nothing has been stipulated, within a reasonable time. If the employee wants to challenge a suspension on the basis that it has been unreasonably long, this can be referred to the CCMA as an unfair labour practice

  3. Can you give information if the company want to tell me they going to take a disciplinary action against me what is the time limit that they must tell me are there any time limit on that and how long must it be can you please advice me thanks Johan

    1. Response to Marius: The amount of time the employer must give the employee to prepare for a hearing is not prescribed by law. If the company’s disciplinary code is silent on the matter, then reasonable notice is required – 24 or 48 hours is normally adequate.

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