Misconduct
-
Dishonest disciplinary tactics can backfire
Ivan Israelstam Last week we looked at the unfair practice of illegally entrapping suspected employees in order to prove them guilty of misconduct. I ... -
Disciplining for the same misconduct
Ivan Israelstam A question repeatedly asked is whether an employer can discipline an employee a second time for the same incident of misconduct. Legal ... -
Disciplinary Procedures
Under normal circumstances disciplinary action will be applied progressively. This implies that repeated similar or related offences may result in more serious disciplinary action. ... -
Disciplinary hearings require skill
Ivan Israelstam At a disciplinary hearing the parties present would normally be: the accused employee; the accused’s representative; the complainant – who is the ... -
Disciplinary Hearings: Formal or Informal?
Formal vs informal disciplinary hearings Ivan Israelstam The drafters of the Labour Relations Act of 1995 (LRA) expressly provided for accused employees to have ... -
Disciplinary hearing proceedings
Confidentiality Discipline is a confidential matter, therefor Hearings are held in camera, and Only those persons permitted in terms of the disciplinary procedure may ... -
Disciplinary Code & Procedure
This code serves as guideline to the employee with reference to what will be deemed as irregular conduct. It spells out how ___________will deal ... -
Disciplinary Code & Procedure.
Schedule 8 of the Labour Relations Act stipulates in section 3 that “all employers should adopt disciplinary rules that establish the standard of conduct ... -
Difference between trapping and entrapment
Ivan Israelstam I have constantly warned employers that winning at the CCMA is difficult. This is because the employer is the accused at arbitration ... -
Practical guidelines to employers when presenting theft cases before the CCMA
Nadira Deonarain and Yogesh Singh Bowman Gilfillan Attorneys The employer’s approach to dealing with theft in the workplace has been muddied by two recent ...
