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Wrong behaviour

Be thoroughly prepared for disciplinary hearings – or get taken to the cleaners by your employees

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.

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Assault does not always merit dismissal

Assault at the workplace, by one employee on another, is normally seen as very serious misconduct. This is mainly because of the harm that is, or could be, caused to the assault victim and to workplace harmony.

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Make sure you get the investigation process right

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.

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How relevant are expired warnings on an employee’s record?

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.

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