Wrong behaviourWrong behaviour
Can an employee refuse to perform duties outside his job description?
- Published on 3 Feb 2014
- Jan du Toit
On a fairly regular basis, inquiries are received from the employers about if an employee is forced to carry out tasks or duties which are not included in his job description. Employers find that when issuing instruction to an employee, it is met with the retort “it is not in my job description”.
External experts can chair disciplinary hearings
- Published on 29 Jan 2014
- Ivan Israelstam
There is a serious misconception that employers aren’t allowed to get external experts to chair disciplinary hearings. It’s true that such experts might, under certain circumstances, not be allowed to represent the employer (or the employee). However, the person chairing the disciplinary hearing isn’t representing either of the parties. In other words, the chairperson isn’t the employee’s or employer’s representative. Instead, the chairperson is there to gather the facts both parties provide and to make a fair decision.
What is poor work performance?
- Published on 23 Jan 2014
- Ivan Israelstam
Many employers fire poor performers hastily while others wait too long before taking strong action. One reason for unnecessary delays in firing bad performers is the employer fears being taken to the CCMA and forced to reinstate the employee and/or to pay compensation.
Harassment in the workplace, restraining orders and the Protection From Harassment Act
- Published on 22 Nov 2013
- Mark Meyerowitz and Shane Johnson
Employers have a duty to create and maintain a safe working environment for their employees. This includes the duty not to allow one employee to harass another or make it easier for one staff member to harass another. If you, as an employer, don’t take the proper steps against an employee who harasses another employee, you could be facing a harassment lawsuit under the Employment Equity Act (EEA).
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.
