Investigation is an art and a science.
Employers often fail to investigate allegations of misconduct or poor performance properly because they are busy, because of feelings of...
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Aug 123 min read
Don’t Charge Employees Without Proof of Misconduct
Labour law heavily protects employees from unfair dismissal. Section 188 of the LRA effectively provides that a dismissal will be unfair...
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Dec 11, 20234 min read
Entrap employees at your peril
Section 188 of the LRA provides, in effect, that the employer is assumed, from the outset of an arbitration hearing or court case, to be...
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Oct 30, 20233 min read
There are degrees of dishonesty
The law does allow employers to dismiss employees for dishonesty. This is because dishonesty can destroy the ability of the employer...
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Sep 18, 20234 min read
Deal with misconduct expeditiously
The adage that justice delayed is justice denied applies to labour law in the sense that employers that act too slowly can be found to be...
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Jun 26, 20234 min read
The arbitrator’s decision is not always final!
The code of good practice that regulates the conducting of misconduct dismissal arbitrations increases the obligation on commissioners to...
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May 8, 20233 min read
Misconduct investigation is not just a nice-to-have
Investigation of misconduct allegations is a crucial step in legally acceptable disciplinary action and cannot be bypassed. ..
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Mar 1, 20233 min read
Firing the lot could put you in a spot.
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible...
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