Misconduct
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Forms of Disciplinary Action
Depending on the circumstances and the seriousness of the offence, disciplinary action takes the form of one of the following: Verbal reprimand and explanation ... -
Formalise disciplinary procedures
Ivan Israelstam There is a serious misconception that employers may not get external experts to chair disciplinary hearings. It is true that such experts ... -
Following the right procedures
André Claassen Employers should ensure that they follow the correct procedure for the act of misconduct, or the poor work performance in question. The ... -
Firms must avoid ‘fixing’ outcome in DC hearings
Ivan Israelstam Disciplinary hearing chairpersons should not count their chickens before they hatch. It all too frequently occurs that employers conspire to get rid ... -
Fine line between fair and illegal punishment
Ivan Israelstam When an employer fires an employee for dishonesty, constant late coming, absenteeism, poor work performance or other serious infringement, the intention is ... -
Fairness of dismissal for Operational Requirements
We dealt previously with the fairness of dismissal for misconduct, and for Incapacity – Poor Work Performance, as well as dismissal based on incapacity ... -
Fairness of dismissal for incapacity – ill health
We dealt previously with the fairness of dismissal for misconduct, and for Incapacity – Poor Work Performance. We are now taking a look at ... -
Fairness of dismissal for incapacity
We dealt previously with the fairness of dismissal for misconduct, and we are now taking a look at the fairness of dismissal in cases ... -
Fairness of disciplinary hearings still a problem
Ivan Israelstam Item 60.4 of the draft CCMA Guidelines: Misconduct Arbitrations states that it is not unfair for employers to use third parties such ... -
Expired warnings: Are they relevant?
There is always heated argument on this issue. Of late, I have received a large number of e-mails on this matter – indicative that ...
