Discipline
Can you discipline an employee while he is on sick leave?
- Published on 6 Sep 2013
- Jacques van Wyk
If the employee is genuinely sick, you must postpone the disciplinary enquiry. This is because it is one of the essential prerequisites of fairness and equity that the employee be afforded an opportunity to state his case in response to the allegations brought against him.
Be thoroughly prepared for disciplinary hearings – or get taken to the cleaners by your employees
- Published on 6 May 2013
- Ivan Israelstam
While acting as a CCMA arbitrator and chairperson of disciplinary hearings, I have noted numerous reasons why employers lose dismissal cases at the CCMA. More often than not, the charges should never have been brought.
A disciplinary enquiry can’t just have a fair reason
- Published on 6 Feb 2013
- Lia Marus
It has to follow a fair procedure too
Last month, I started my series of articles, based on Global Business Solutions’ disciplinary enquiry workshop, with:
Make sure you get the investigation process right
- Published on 30 Nov 2012
- Jonathan Goldberg
One of the most common mistakes employers make when they receive misconduct allegations against an employee is to hastily implement discipline without first investigating the validity of the allegations. This can occur because of ignorance of the labour law about disciplinary processes.
How relevant are expired warnings on an employee’s record?
- Published on 26 Nov 2012
- Jonathan Goldberg
The issue regarding how relevant expired warnings are is always a heated one. Some employers believe that once a warning has lapsed it is to be removed from the employee’s file. There is no provision in either labour legislation or case law that supports this debate.
