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Cpanel
1. Substantively fair discipline?
(Editor's Pick)
... against Schedule 8 of the LRA and best practice. The company further advocates asking the following questions to assist in this evaluation: - - Did the employee contravene a rule or standard regulating ...
Created on 11 Oct 2017
2. Employers not following LRA in managing discipline
(Editor's Pick)
Ignorance of the Labour Relations Act (specifically Schedule 8: Code of Good Practice: Dismissal), combined with a lack of relevant skills and issues with enforcement are among the challenges faced by ...
Created on 7 Aug 2017
3. LAWYERS MAY BE ALLOWED AT DISCIPLINARY HEARINGS
(Editor's Pick)
Employers have normally disallowed external legal representatives to represent accused employees at disciplinary hearings. This is mainly due to the provisions of Schedule 8 of the Labour Relations Act ...
Created on 19 Sep 2016
4. Drunk enough to be dismissed?
(Editor's Pick)
... often operate under the mistaken belief that testing positive for alcohol equates to the employee being under the influence of alcohol. Alcohol and drug abuse is a form of misconduct. Schedule 8 of ...
Created on 29 Aug 2016
5. Incapacity of people with disabilities due to illness – what should employers do?
(Editor's Pick)
... boarding is a complex process and must be carried out in accordance with Sections 10 and 11 of Schedule 8 of the Labour Relations Act (LRA). Schedule 8 of the LRA sets out the Code of Good Practice in ...
Created on 19 Aug 2016
6. WHEN IS A FORMAL DISCIPLINARY HEARING NECESSARY?
(Editor's Pick)
The Code Of Good Practice: Dismissal in Schedule 8 makes it clear that, while the disciplinary process can, under certain circumstances, be informal, the employee should nevertheless be told what case ...
Created on 13 Apr 2016
7. WHEN IS A FORMAL DISCIPLINARY HEARING NECESSARY?
(Legal 2)
The Code Of Good Practice: Dismissal in Schedule 8 makes it clear that, while the disciplinary process can, under certain circumstances, be informal, the employee should nevertheless be told what case ...
Created on 13 Apr 2016
8. THE POWERS OF CCMA COMMISSIONERS
(Editor's Pick)
... item 7(b)(4) of Schedule 8 of the LRA. This means that, even where the employer proves conclusively that the employee was guilty of the misconduct, the commissioner still has the power to decide whether ...
Created on 30 Mar 2016
9. THE POWERS OF CCMA COMMISSIONERS
(Legal 2)
... item 7(b)(4) of Schedule 8 of the LRA. This means that, even where the employer proves conclusively that the employee was guilty of the misconduct, the commissioner still has the power to decide whether ...
Created on 30 Mar 2016
10. LEGAL REPRESENTATION AT DISCIPLINARY HEARINGS
(Editor's Pick)
Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is held into an employee’s alleged misconduct “The employee ...
Created on 29 Oct 2015
11. LEGAL REPRESENTATION AT DISCIPLINARY HEARINGS
(Legal 2)
Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is held into an employee’s alleged misconduct “The employee ...
Created on 29 Oct 2015
12. EMPLOYERS MUST TAKE MITIGATING CIRCUMSTANCES SERIOUSLY
(Editor's Pick)
... deserved to be dismissed. Schedule 8 indicates that an employee may be dismissed for gross offences such as assault, wilfully endangering safety, gross dishonesty or gross insubordination. The employer’s ...
Created on 5 Oct 2015
13. EMPLOYERS MUST TAKE MITIGATING CIRCUMSTANCES SERIOUSLY
(Legal 2)
... deserved to be dismissed. Schedule 8 indicates that an employee may be dismissed for gross offences such as assault, wilfully endangering safety, gross dishonesty or gross insubordination. The employer’s ...
Created on 5 Oct 2015
14. GAPS IN THE LRA LEAVE PARTIES GUESSING
(Editor's Pick)
... in the form of codes of good practice. For example, included in Schedule 8 of the LRA is The Code of Good Practice: Dismissal which guides parties as to procedures and principles that should be followed. ...
Created on 28 Sep 2015
15. GAPS IN THE LRA LEAVE PARTIES GUESSING
(Legal 2)
... in the form of codes of good practice. For example, included in Schedule 8 of the LRA is The Code of Good Practice: Dismissal which guides parties as to procedures and principles that should be followed. ...
Created on 28 Sep 2015
16. FORMAL VS INFORMAL DISCIPLINARY HEARINGS
(Editor's Pick)
... to prove that it was effected in accordance with a fair procedure. The Code Of Good Practice: Dismissal in Schedule 8, which must be considered when decisions on dismissal are taken under the Act, makes ...
Created on 2 Sep 2015
17. FORMAL VS INFORMAL DISCIPLINARY HEARINGS
(Legal 2)
... to prove that it was effected in accordance with a fair procedure. The Code Of Good Practice: Dismissal in Schedule 8, which must be considered when decisions on dismissal are taken under the Act, makes ...
Created on 2 Sep 2015
18. DISMISSALS UNFAIR IF EMPLOYMENT RELATIONSHIP STILL TOLERABLE
(Editor's Pick)
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could ...
Created on 12 Aug 2015
19. DISMISSALS UNFAIR IF EMPLOYMENT RELATIONSHIP STILL TOLERABLE
(Legal 2)
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could ...
Created on 12 Aug 2015
20. EMPLOYERS MUST PROVIDE DETAILS OF DISCIPLINARY CHARGES
(Editor's Pick)
Section 186 of the Labour Relations Act (LRA) gives every employee the right not to be unfairly dismissed or to be subjected to unfair labour practices. Schedule 8 of the LRA provides that “The employee ...
Created on 25 Jun 2015


 

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