Advertisement

Disciplinary Procedures - Dismissal

Disciplinary warnings are given with a view to correcting employee behaviour. But, what is the difference if the employer policy says that warnings have an expiry period and must be removed from files, or alternatively, the warning expires but if kept on record. Will this be relevant? Just one of the questions on warnings that Ivan Israelstam addresses this week.  

This week,  Ivan Israelstam applies decided cases of the Commission for Conciliation Mediation and Arbitration (CCMA) to explain what should be considered before an employer takes a decision to dismiss an employee. The examples also highlight some inconsistecies in the decisions of the CCMA, which do make the employer's job more difficult.

This week, Ivan Israelstam starts the 2021 year with a question on disciplinary hearing procedures. What is hearsay evidence? What is the consequence of using hearsay evidence? Is hearsay evidence ever acceptable?  

This week Ivan Israelstam explains how the Labour Relations Act (LRA) affects labour brokers. The LRA refers to a Temporary Employment Service (TES) - that is a labour broker. Therefore, Ivan explains exactly how this can affect the labour broker adversely, when they try to dismiss one of their employees. 

This week Ivan Israelstam explains the history of a case, which went all the way through to the Constitutional Court. The case concerned employers' rights over dismissal decisions. Ivan explains the final outcome.

This week Ivan Israelstam expresses his interpretation of Code of Good Conduct: Dismissal; that is: Schedule 8 of the Labour Relations Act (LRA). While cross examination is a constitutional right afforded to accused persons in courts of law, and extended to bargaining council and Commission for the Conciliation Mediation and Arbitration (CCMA) arbitrations, it is not clear whether this right extends to disciplinary hearings. Ivan explains his view of whether the Code provides for cross examination at disciplinary hearings.  

This week Ivan Israelstam explains why it is important for management to understand the difference between mitigating circumstances and extenuating circumstances. He argues that there is a difference - and explains how this understanding relates to provocation and affects decisions to dismiss.

This week Ivan Israelstam answers the question on whether an allegation of assault will automatically always lead to a decision to dismiss. Ivan looks at how the authorities have dealt with the question, and concludes that the specific circumstances of each case need to be carefully considered before reaching a decision.

This week Ivan Israelstam explains why "James Bond" employers, who use probation to simply dismiss employees - whether they have broken rules, or just simply because they are not popular with the boss, will be tripped up at the Commission for Conciliation Mediation and Arbitration (CCMA).

Disciplinary hearings are often held in an emotional environmental, which can lead to decisions being taken - without consideration of all the circumstances.  This week Ivan Israelstam explains exactly what are extenuating circumstances, and answers the question - how important are they to the dismissal decision? 

Pages

Advertisement

Subscribe to Disciplinary Procedures - Dismissal