SEXUAL HARASSMENT

Sexual harassment may be described as persistent, unsolicited and unwanted sexual advances by one person to another. The code of good Practice on Sexual Harassment gives examples of conduct that may amount to sexual harassment. This ranges from physical contact, through verbal forms such as innuendoes, suggestions, hints and comments with sexual undertones, sex-related jokes or unwelcome graphic comments made in their presence or directed at them, inappropriate inquiries about […]

CONSISTENCY

Consistency – Employers and Employees The requirement that employees must be aware of the rules of the workplace gives rise to the further principle that the employers must apply their rules consistently. Generally speaking, it is unfair in itself to treat people who have committed similar misconduct differently. However, it is also unfair because inconsistent application of rules creates confusion and possible doubt about whether a rule in fact exists. […]

Competing with the employer

Conflict of Interest The prohibition against competition by employees with their employers has its roots in the common law requirement that an employee devote his time, energy and skills to furthering the interests of the employer’s business. Employees act in bad faith if they compete with the business of their employers. Conflict of interest can arise in the following instance. Although employees are entitled to participate in the activities of […]

Bringing The Employers name into disrepute.

Employees are duty-bound to uphold their employer’s good name and reputation. This may occur, for example, where the employee defames the employer or makes disparaging remarks about the manner in which it conducts its business. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a […]

Dishonesty

‘Dishonesty’ is a generic term embracing all forms of conduct involving deception on the part of employees. ‘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 intention of deceiving the employer. Dishonesty entails ‘a lack of integrity or straightforwardness and, in particular, a willingness to steal, cheat, lie or act fraudulently.’ […]

Mitigating and Aggravating Factors

Mitigating factors should be considered after the employee has been found guilty of the offence; whether there are mitigating (or aggravating) factors constitutes a separate inquiry. A variety of considerations may be relevant when considering a plea in mitigation. These include a clean disciplinary record, long service, remorse, the circumstances of the offence, whether the employee confessed to his misdemeanour and any other factors that might serve to reduce the […]

Dismissal for Union Activites

Fundamental to any system of law design to promote collective bargaining is the right of employees to join unions of their choice and take part in their lawful activities. To dismiss an employee for joining or participating in the affairs of a union is therefore automatically unfair. Does this mean that all employees are free to exercise these rights, irrespective of their position in the employer’s organisation? This question is […]

MISCONDUCT OUTSIDE WORKING HOURS AND CRIMINAL CONDUCT

Employers clearly have an interest in how their employees behave outside working hours if their conduct affects their work performance, the good name and reputation of the employer or its business dealings, or interpersonal relations in the workplace. Misconduct outside the workplace. Actions performed outside the workplace and working hours are prima facie considered not work-related, and accordingly beyond the reach of the employer’s disciplinary authority. The onus rests on […]

AUTOMATICALLY UNFAIR DISMISSAL

A dismissal is automatically unfair if the employer, in dismissing an employee, acts contrary to section 5 or, if the reason for the dismissal is; a) That the employee participated in or supported, or indicated an intention to participate in or support, strike or protest action; b) That the employee refused, or indicated an intention to refuse, to do any work normally done by an employee who at the time […]

CONSTRUCTIVE DISMISSAL

Constructive dismissal is defined as “a situation in the workplace, which has been created by the employer, and which renders the continuation of the employment relationship intolerable for the employee- to such an extent that the employee has no other option available but to resign.” In fact the employee would have continued the employment relationship indefinitely had it not been for the employer’s unacceptable conduct. When any employee resigns and […]

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