Getting the facts straight in disciplinary hearing notices
When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As the employee has a right to answer or provide an explanation to the charge(s) against him/her (known as the audi alteram partem rule), employers need to make sure that […]
Have you finally had enough?
Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent that the employee has no other option but to resign. In CEPPAWU & another v Glass & Aluminium, the Court explained it best, stating that constructive dismissal involves a resignation due […]
Misconduct as a result of mental illness
In November 2013, the employee was charged with: Being absent for 17 days between 30 August and 5 November; Breaching the employer’s policy by failing to inform his manager of his absence; Insolence towards a superior; and Insubordination in that he refused to attend to a prisoner as instructed. The employee admitted all the transgressions, but defended his actions on the basis […]