Disciplinary: a word that both employers and employees dread. No employer wants to have to go through the process, and no employee wants to be
Constitutional Court 22 August 2022. NUMSA obo Aubrey Dhludhlu & 147 others v Marley Pipe Systems (SA) (Pty) Ltd (CC) The principles related to the
Legal representation in internal disciplinary proceedings Introduction Whether an employee is entitled to legal representation during internal disciplinary proceedings unfortunately has no definitive clear-cut answer.
Holding a second disciplinary enquiry – An attempt for justice, or double jeopardy? Introduction Enforcing discipline in the workplace requires, in essence, the balancing of
Resignation – A way out by choice – Part 2 Recapping Part 1 Part 1 dealt with the more generic and germane aspects of resignation,
Resignation – A way out by choice – Part 1 Introduction Most contracts provide for an “escape clause” as part of the agreed contractual provisions.
Derivative Misconduct – Guilty by association Introduction Entrepreneurial thinking, innovative thinking, lateral thinking, thinking out of the box and other enterprising thought processes caused decision
Common law right to a pre-dismissal hearing The statutory obligations pertaining to being heard before dismissal In the preamble to the Labour Relations Act (LRA),
Sexual harassment – Not something to be allowed or ignored Introduction Judge Waglay made the following statement in the LAC-case: Motsamai v Everite Building Products
Grievance Procedure – A voice for the employee Introduction It is important to put the grievance procedure within proper context. Let us first determine what
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