How to suspend employees?
Johanette Rheeder

Serious misconduct and dismissals are part of every employer’s life, whether it is a small employer with just a few employees or a large corporation with many employees. However, serious misconduct and the procedures to deal with it can be full of pitfalls and should not be taken lightly by employers.

Imprisoned employees and other cases
Johanette Rheeder

Although not part of our day to day activities at work, we are sometimes faced with interesting and challenging situations. Having to discipline an employee in prison may be one of those tricky situations as the employee is not easily accessible and not likely to return to work soon, especially when it involves serious crime. The employee is absent for an extended period of time and the employer wants to terminate employment, the question is how and for what reason?

How to conduct a fair disciplinary hearing - the substantive and procedural requirements
Johanette Rheeder

According to the Labour Relations Act, a dismissal is unfair if it is not effected for a fair reason and in accordance with a fair procedure. Section 188 of the Act stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure.Furthermore, any person considering whether or not the reason for dismissal is a fair reason or whether or not the dismissal was effected in accordance with a fair procedure, must take into account any relevant code of good practice issued in terms of the Act, specifically, schedule 8.

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