Discliplinary Enquiry
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Excessive delays in instituting disciplinary proceedings may taint procedural fairnessÂ
 Excessive delays in instituting disciplinary proceedings may taint procedural fairness On 25 January 2016, and after a delay of approximately three and half years ... -
How to conduct an efficient misconduct investigation in the workplace
How to conduct an efficient misconduct investigation in the workplace Item 4(1) of schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations ... -
Boardrooms are not courts: The decriminalised approach to workplace discipline
Boardrooms are not courts: The decriminalised approach to workplace discipline Misconduct is inevitable in every workplace, but not each instance of misconduct is always ... -
To Suspend or not to Suspend, that is the QuestionÂ
To Suspend or not to Suspend, that is the Question In the instance of gross misconduct, an employee’s suspension from the workplace may be ... -
Two for one: The splitting of charges in disciplinary notices
Two for one: The splitting of charges in disciplinary notices The criminalisation of our employment law has met the ire of our judiciary. South ... -
But the Employee failed a polygraph test!Â
But the Employee failed a polygraph test! Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be ... -
Interdicting a Disciplinary Inquiry
Interdicting a Disciplinary Inquiry The Labour Court has jurisdiction to interdict any unfair conduct, including disciplinary action. Nonetheless, such intervention should be utilised sparingly ... -
Polygraph testing
The respectability of polygraph evidence, at best, remains an open question, and any litigant seeking to invoke it for any legitimate purpose, must, needs ... -
Leave Me Out Of This – Dealing With Employees Who Don’t Want To Testify
Leave Me Out Of This – Dealing With Employees Who Don’t Want To Testify Neil Coetzer, Partner, Cowan-Harper-Madikizela Attorneys At some point during their ... -
Dishonesty and misrepresentation
Dishonesty and misrepresentation By Jose Jorge, Director and Mbulelo Mango, Candidate Attorney, Employment, Cliffe Dekker Hofmeyr Employment law places a high premium on honesty. ...
