McCarthy Attorneys Inc

Misconduct

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. 

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.

GETTING THE BOOT FOR YOUR LOOT: CAN AN EMPLOYEE BE DISMISSED FOR TAKING PART IN VIOLENCE OR LOOTING?

Getting The Boot For Your Loot: Can An Employee Be Dismissed For Taking Part In Violence Or Looting?

An employee’s conduct outside of their workplace and ordinary work hours is not subject to the control or authority of their employer. Ordinarily, facing disciplinary proceedings for one’s after-hours actions would not be considered “substantively fair”. Even arrest or criminal activity by an employee does not give an employer the automatic right of dismissal. The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.