Posts

Changing a disciplinary sanction

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A chairperson in a disciplinary hearing finds an employee not guilty of a serious transgression while senior management believes the person should have been found guilty. Or the employee is found guilty but, contrary to what the employer expects, is given a sanction short of dismissal. May management interfere and, for example, conduct a fresh hearing before another chairperson? May a sanction less severe than dismissal be increased and, if so, must a further hearing be held before this can happen?

Medical Certificates – Dispelling the myths

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A number of myths exist regarding medical certificates, e.g. that employers cannot address employees regarding their absenteeism due to medical reasons until the employees have exhausted their sick leave in a particular cycle that
employees can stay away from work for up to two days, often linked to weekends or public holidays, without being ill, or that medical certificates cannot be questioned..

Contracting out of the labour relations act

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Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

Checklists

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1.2.1 Employee orientation checklist
1.2.2 Notification to attend an incapacity investigation
1.2.3 Employee take-on --- termination checklist
1.2.4 Dismissal for poor work performance - employees other than probationary employees
1.2.5 Poor work performance counselling session

Examples

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1.4.1 Example of an employment contract
1.4.2 Fixed term contract of employment
1.4.3 Letter of appointment of an independent contractor
1.4.6 Retrenchment advice - example of letter terminating services
1.4.7.a Agreement entered into between re overtime - employees