Suspending an employee

Suspending an employee

Employees are suspended from duty for different reasons that may include a pending investigation before a disciplinary hearing for misconduct, temporary lay-off due to operational reasons or during retrenchment consultations. In this article we are looking at suspension pending a disciplinary for misconduct and pending the outcome of such a hearing. The law does not […]

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Retrenchments

What is a dismissal for Misconduct?

Misconduct is a category in terms of the LRA which may a lawful reason to dismiss an employee. Misconduct refers to the actions, conduct and or behaviour of an employee which is improper, unacceptable and/or not in line with the Employers expectations and standards. Examples of misconduct ** There is not an exhaustive list and […]

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Retrenchments

What is a dismissal for Incapacity?

It is a dismissal based on the employee’s incapacity to peform his/her contractual duties. The 5 steps PRIOR TO dismissal for incapacity: Ill health / injury NB: Particular consideration should be given to employees who are injured at work or who are incapacitated by work-related illness. The courts have indicated that the duty on the […]

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Retrenchments

Retrenchments

What is a retrenchment? It is a dismissal based on the employer’s operational requirements. Operational requirements may include the employer’s economic, technological, structural or similar needs. Examples of such a situation traditionally extends to include the employers’ debts exceeding its income or because employee positions have become redundant as a result of new technology or […]

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