If there is a clear rule against the use of drugs working hours, and the employee breaks that rule, the gravity of the breach must be assessed according to such factors as the employee’s history of drug use, prior counselling, the circumstances in which the offence was committed, the nature of the employee’s work, and other relevant factors. However, if the employee can prove that the offence stems from addiction, […]
‘Dishonesty’ can consist of any act or omission which entails deceit. This may include withholding information from the employer, or making a false statement or misrepresentation with the intent of deceiving the employer. A misrepresentation by an employee before the commencement of employment has been held to be sufficient to warrant dismissal, even if the misrepresentation is discovered some time later and the employee has rendered satisfactory performance. A charge […]
Disclosure by employees of confidential information to a competitor of the employer clearly amounts to a breach of trust. Acquiring confidential information by deceptive means may also justify dismissal.‘ Whistleblowers’ ie employees who disclose unlawful acts of their employers to authorities now receive special protection under the Protected Disclosure Act. Dismissal of employees protected by that Act is automatically unfair. For further information on any labour related matters, you can […]
Employees are required to respect the employers’ property. If an employee wilfully damages the property of the employee, dismissal is almost invariably justified. The justification in such cases flows more from the employee’s malicious intent than from the actual damage caused; where intent is present, dismissal is warranted even if the employer suffered only minor loss. Damage to property arising from employees’ negligence has also been held to warrant disciplinary […]
Each case must be decided on its own merits, and the general principles whether Dismissal for Misconduct is appropriate and should be applied. Absence from work Employees are expected to be at their workplaces during working hours, unless they have an adequate reason to be absent. Wilful absence from work constitutes a breach of contract and may justify summary termination of the contract. A distinction is usually drawn between absenteeism, abscondment […]
‘Dismissal’ means that – a) an employer has terminated a contract of employment with or without notice; b) an employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; c) an employer refused to allow an employee to resume work after she- I. took maternity leave […]
Statutory rights of unions The LRA confers four statutory rights on ‘sufficiently representative’ unions. These are the rights of access to employers’ premises, to the deduction and payment of union fees, to elect, utilise and train trade union representatives (shop stewards), and to information. Access to the employer’s premises The right of access is granted to all registered trade unions that are ‘sufficiently representative’, which in respect of access rights […]
Poor Work Performance during Probation: 1. a) An employer may require a newly-hired employee to serve a period of probation before the appointment of the employee is confirmed. b) The purpose of probation is to give the employer an opportunity to evaluate the employee’s performance before confirming the appointment. c) Probation should not be used to deprive employees of the status of permanent employment. d) The period of probation should […]
The employer has the right to set reasonable requirements in terms of output and the standard of work required of the employee. If the employee fails to attain the standards set by the employer, the employer is entitled to terminate the contract. Termination for this reason is generally known as dismissal for incapacity. Dismissals for incapacity relate the inherent inability on the part of the employee to do the job […]
Incapacity hearing and general guidelines for: Dealing with employees who are unable to perform their work due to illness or injury. 1. Incapacity on the grounds of ill-health or injury may be temporary or permanent. If an employee is temporarily unable to work in these circumstances, the employer should investigate the extent of the incapacity or the injury. If the employee is likely to be absent for a time that […]
