Employers may be surprised to find that there are costs that may accrue when they fail to follow correct disciplinary procedures in dismissing employees. There may be Conflict Dispute Resolution Centre - attached to Bargaining Councils (CDR) or Commission for Conciliation Mediation and Arbitration (CCMA) costs. This week Ivan Israelstam explains what the potential costs are when employers fail to follow the requirements for dismissing employees for a fair reason and following a fair procedure.
What are the required notice periods when an employee resigns? What rights does an employer have when an employee simply gives "instant" notice - or fails to work in their notice? How should an employer respond? These are the questions that Ivan Israelstam deals with this week.
It is often very difficult for employers to provide sufficient proof to the CCMA or bargaining council commissioner that the employee is guilty of the misconduct for which he was dismissed. The employer has the full onus (legal responsibility) of proving that the dismissal is fair. Employers often believe that video or camera footage will provide sufficient evidence for a dismissal. This week Ivan Israelstam explains the complexities involved in using this technology in disciplinary hearings.
Newly appointed supervisors and managers do sometimes find difficulty in understanding what is meant by a "fair labour practice". As Ivan Israelstam explains in this article, it is not quite as simple to identify what is unfair as it is to identify what is illegal in criminal law. This article sets out very plainly the questions managers and supervisors should ask themselves to determine whether their actions will be seen as "fair" - or unfair
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