McCarthy Attorneys Inc

Employee

RETRENCHMENT AND SEVERANCE PAY

Retrenchment and Severance Pay

Severance pay is given to an employee where they are “dismissed for reasons based on the employer’s operational requirements.” However, there are instances where an “operational requirements” retrenchee is not entitled to severance pay.

Misconduct in the workplace

Misconduct in the workplace

Workplace disciplinary codes and policies usually set out the types of behaviour which will be considered unacceptable and further regulate the conduct of employees as a whole. 

How To Present Evidence At A Disciplinary Hearing – Types Of Evidence

Disciplinary hearings exist to either discipline or ultimately dismiss an employee. In either instance, the course of action must be justified, which is found when the chairperson analyses the evidence presented at a disciplinary enquiry. Evidence proves the points raised by a party and gives validity to their arguments.

ALCOHOLISM AND THE WORKPLACE

Alcoholism and the Workplace

Dealing with an employee who battles with alcoholism is frustrating and can destroy the employment relationship.
Alcoholism, per se, does not constitute misconduct. It is being under the influence of alcohol and the consequences thereof that amount to misconduct.

Dealing With A Drunk Employee

Dealing With A Drunk Employee

The unfortunate appearance of drunkenness on duty does not only happen during the “silly season.” Employers often call for advice on how to deal with an employee who is drunk on duty. The first thing to be done is to get proper evidence.

Fixed Term And Fixed Purpose Employment Contracts

Fixed Term And Fixed Purpose Employment Contracts

A Fixed Term Employment Contract has a specific time period, with dates known to the employee. A Fixed Purpose Employment Contract is used when an employer wishes to employ someone for a specific purpose, and it is difficult to determine how long it will take the employee to complete the project or task.

Retiring Your Employees – Making The “Mature” Decision

Retiring Your Employees – Making The “Mature” Decision

In South Africa, there is currently no legislated retirement age, although it is commonly accepted that one should retire between the ages of 60 to 65 years. However, an employee cannot be forced to retire unless one of two situations arises.