Dismissal: Incapacity

Back to Case Studies In the previous Newsletter we spoke about the dismissal on grounds of the employee’s conduct. Today I want to look at the dismissal of an employee on grounds of “incapacity”. Capacity refers to the employee’s ability to perform his / her work...

DISCIPLINARY ACTION

Back to Case Studies One often hears people say, “it does not help to take disciplinary action against staff who do not conform to the Company rules as they will go to the CCMA where the hearing will be overturned.” It is true that many hearings are overturned by the...

Disciplinary Procedure: A Prerequisite

Back to Case Studies Every company should have a well documented disciplinary procedure in order to discipline any employee should the need arise. While acting as Chairman of various disciplinary inquiries, I have noticed that a number of companies did not have a...

STANDARD CLAUSES

Back to Case Studies After my previous News Letter (Alternate Dispute Resolution) I received a number of calls requesting sample clauses to be added to their documents. I would like to quote the AFSA clauses: Arbitration Clause for incorporation in Standard Contracts...

ALTERNATIVE DISPUTE RESOLUTION – CRITICAL

Back to Case Studies Prof. Mervyn King, the well known advocate, judge, chairman of listed companies as well as a CEO of a listed company once said ”In order for directors (managing members) to discharge their duty of care to a company they have to ensure that a...

Disciplinary Hearing: Contravention of the OH&S Act

Back to Case Studies Disciplinary Hearing: Contravention of the OH&S Act We were requested to chair a disciplinary inquiry regarding an employee who consistently contravened not only the company’s rules but the Regulations of the Occupational Health and Safety...