Fair Procedure – During a Disciplinary Inquiry
Can an employee be dismissed without a fair procedure? The answer is no. It holds significant importance for an employer to be aware of the necessary procedures to adhere to …
What to do when an employee is dishonest about their previous criminal history
When an employee intentionally deceives their employer by lying about or concealing their past criminal record, the repercussions can be far-reaching and detrimental to both the employee and the employer. …
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Do I have the right to legal representation in a disciplinary inquiry?
Most employers’ disciplinary procedures and codes do not allow for legal representation. Generally, either the notice to attend a disciplinary inquiry will expressly state that no outside representation is permitted, …
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The importance of disciplinary inquiries
Maintaining a balanced and harmonious workplace can constantly challenge many organisations. Accountability is critical, and disciplinary inquiries are vital in addressing misconduct, upholding ethical standards, and preserving trust within a …
Landmark Court Ruling Transforms Maternity and Parental Leave Rights
On 25 October 2023, Deputy Judge President Sutherland handed down the judgment of Van Wyk and Others v Minister of Employment and Labour [2023] ZAGPJHC 1213. This judgment fundamentally changes …
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Family Responsibility Leave – When do I Qualify?
Employers often find themselves confronted by employees who want to take family responsibility leave for various personal reasons. However, it’s essential to determine their eligibility for such leave. If they …
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Navigating the Legal Framework of Maternity Leave: A Guide for Employers & Employees
Maternity leave occupies a key position in the dynamic world of labour relations, embodying statutory requirements and moral obligations. Ensuring the protection of pregnant women’s rights and well-being in the …
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Addressing Mental Health Challenges among Employees in the Workplace
Mental health in the workplace is a critical issue that affects employees. Poor work performance is often linked to mental health issues, which may render an employee incapable of doing …
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Constructive dismissal: Dismissed or Resigned?
In essence, a claim of constructive dismissal arises when an employee voluntarily resigns from their position, however, alleges that they were forced to do so due to unbearable/intolerable working conditions …
Do Prospective Employers Need Your Permission to Check Your Social Media?
The law, in general, has not caught up to all of the latest trends in technology, including the use of social media by prospective employers to screen potential employees and/or …
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