Misconduct
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To Discipline or to Counsel?
To Discipline or to Counsel? There still seems to exist grey areas in deciding whether to apply a disciplinary procedure or a counseling procedure. ... -
Time: is it the enemy?
Time: is it the enemy? We often get asked the question regarding the time limit between the commission of an offense of misconduct, and ... -
Written warning
A written warning is resorted to when a verbal warning has failed to produce the desired result, therefore necessitating stricter action, or if the ... -
There is recourse, if unhappy with CCMA ruling
Ivan Israelstam Where a party at the CCMA or bargaining council is unhappy with the award or ruling of an arbitrator he or she ... -
There are ways around an arbitration award
Ivan Israelstam The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned ... -
The Transgression
In terms of disciplinary procedures, there are certain basics that must be clearly understood regarding complaints or transgressions. First: A process of discipline deals ... -
The severity of the Sanction – can the Chairperson be overruled?
This question often arises – Can the employer, at an appeal hearing, increase the severity of a sanction imposed by the chairperson of the ... -
The Right to Representation
The Right to Representation It is sometimes necessary for us to re-visit a topic on which previous articles have appeared because of changes that ... -
The Protection of Whistle Blowers
Article provided by Nalane Manaka Attorneys It is not often that we hear of an employee reporting misconduct in the workplace to his employer. ... -
The minimum requirements for a fair disciplinary hearing
Fair procedure Nicolene Erasmus Introduction Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be ...
