In the intricate landscape of employment law, employers often grapple with whether or not to dismiss an employee. Two primary grounds for dismissal, incapacity and misconduct, stand out, each requiring a distinct approach and understanding.
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.
If video evidence is reliable and is obtained within the confines of the law, there is no reason why it should not be used and why such footage recording other forms of illegality may not be relied upon.
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.
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.