2023 Newsletters

In an arbitration concerning misconduct, the Presiding Commissioner is tasked with deciding whether the disciplinary hearing’s-imposed sanction was fair and fitting. Guidelines The guidelines outlined in the Commission for Conciliation, Mediation, and Arbitration (CCMA) regarding misconduct proceedings articulate the following: “The key question is whether the employer could reasonably have justified the decision to terminate … Factors influencing arbitrators in determining appropriate sanctions

Disciplinary proceedings in South Africa have become increasingly criminalised, and the criminalisation of this process often starts when the charges on an employee’s notification to attend a disciplinary hearing are split up, even though the charges all emanate from a single alleged act or omission. This practice has become subject to ever-increasing scrutiny from South … Risks of Splitting Charges in Employee Disciplinary Notification to attend

Can an employee be dismissed without a fair procedure? The answer is no. It holds significant importance for an employer to be aware of the necessary procedures to adhere to when considering the dismissal of an employee. The employer must substantiate its case. This stems from the provision in section 188 of the Labour Relations … Fair Procedure – During a Disciplinary Inquiry