Employers frequently misuse probation agreements to get rid of employees instantly because: the employee has committed misconduct the employer wants to make space for a friend or cousin of the owner the employee ‘does not fit in’ a manager ‘does not like the employee’s face’ As probation is not a licence to fire, ‘James Bond’…
It is a common erroneous belief among employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but the Basic Conditions of Employment Act (BCEA) does require employers to inform employees in writing of their particulars of…
Even when an employer finds an employee guilty of a serious offence this does not automatically entitle the employer to fire the employee. There are numerous possible remedies for misconduct which could include: Dismissal – the most severe corrective action Demotion – provided that the employee is given the choice of dismissal or demotion Suspension…
You can inadvertently guarantee a temp. employee further employment According to sections 193 and 194 of the Labour Relations Act (LRA) the awards and orders that can be made against the employer for unfair dismissal are as follows: The LRA requires the CCMA or Labour Court to reinstate the employee. This means that the employer…
Item 3(4) The Code of Good Practice: Dismissal (the Code) lists some examples of offences that might merit dismissal even in the absence of prior warnings. Included in this list is the offence of “gross insubordination”. ‘Insubordination’ means ‘refusal to recognize the superiority or authority of the position of a person higher up in the…
The most effective approach against sexual harassment in the workplace is prevention. Research indicates that when sexual harassment is not addressed, it does not go away but worsens and is difficult to resolve. Every organisation should have a sexual harassment policy in place. Sexual harassment is defined in South African legislation as “unwanted conduct of a sexual nature”….