validity

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While it can be extremely difficult to not immediately sign on the dotted line after getting your job offer, the importance of reading your contract thoroughly and understanding the terms of your contract cannot be understated.

 


The law makes it essential for employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are most intolerant of employers who do not follow their own disciplinary policies and who cannot justify their dismissal decisions based on the facts of the case at hand.

 


There are many different reasons that employers lose at arbitration despite their confidence that they would win. Some of those reasons include:


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.  

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