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Collecting Evidence of Misconduct

When an employee commits an act of misconduct, an employer has to collect evidence in order to prove this at a disciplinary enquiry (and maybe later at the CCMA).

Retrenchment – Get It Right Or Pay The Price

SA’s economic turbulence has resulted in retrenchments becoming a common practice. Of late, Telkom retrenched over 1000 employees as part of its restructuring exercise. The onus is on the Employer to ensure that it follows the operational requirements for a fair dismissal in terms of a retrenchment. The Employer must provide a legitimate and lawful […]

The Chairperson’s Role at a Disciplinary Enquiry

There comes a time in every organisation when it is necessary to hold a disciplinary enquiry. It is important to note that the Chairperson at a disciplinary enquiry needs to be someone who is more senior than or at least equal in seniority to the accused. As far as possible, he/she should be someone who […]