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Assault not always reason to fire

The Code of Good Practice: Dismissal (The Code) states that: Advice and correction are the best ways of dealing with minor offences Repeated misconduct will merit warnings More serious infringements or repeated misconduct may call for final warnings or other action short of dismissal Dismissal should be reserved for cases of serious misconduct or repeated offences Dismissal for a first offence is not appropriate unless it is so serious that it makes a continued employment relationship intolerable Included amongst offences that might merit dismissal for a first offence are wilful endangering of the safety of others and physical assault. Assault at the workplace is normally seen as serious misconduct because of: ....

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Polygraph testing

The respectability of polygraph evidence, at best, remains an open question, and any litigant seeking to invoke it for any legitimate purpose, must, needs be, adduce expert evidence of its conceptual cogency and the accuracy of its application in every given case. The cardio-pneumo-psychograph and the thief ....

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Numsa opts not to join EFF's planned national shutdown

Numsa will instead join political parties and other organisations including the United Democratic Movement, ActionSA and Mmusi Maimane’s Build One-SA in the High Court. ....

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Porn-sharing manager not getting job back

A manager who was dismissed after asking his subordinate out on dates and sending her pornographic material, failed to have an arbitration order reviewed. Ngunyule v MEIBC and Others (JR1595/19) [2023] ZALCJHB 17 (7 February 2023). ....

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Beware interference with employee benefits

As I have mentioned previously, employers are not taken to the CCMA only for reasons of unfair dismissal. Employees may take employers to the CCMA for a number of other reasons including: Unfair discrimination Unfair discipline Unfair suspension Unfair demotion Unfair promotion Unfair training Unfair labour practices related to probation Unfair detriment as a result of the employee making a protected disclosure Unfair provision of benefits UNFAIR PROVISION OF BENEFITS ....

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