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.
Navigating Employment Dismissals: Understanding Incapacity Vs Misconduct Read More »
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.
Retrenchment and Severance Pay Read More »
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.
Misconduct in the workplace Read More »
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.
Dashcam Footage As Evidence – More Than Just For Traffic Violations Read More »
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.
Alcoholism and the Workplace Read More »
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.
Dealing With A Drunk Employee Read More »
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.
