The Art of Cross-Examination — Where Cases Are Won (and Lost)
The Art of Cross-Examination — Where Cases Are Won (and Lost) Cross-examination is often the most misunderstood part of a disciplinary hearing. Many representatives approach it as an opportunity to argue, interrupt, or make speeches. Others avoid it entirely, asking only a few superficial questions before moving on. Both approaches miss the point. What Cross-Examination […]
When Procedure Becomes the Case — A Warning to Employers
When Procedure Becomes the Case — A Warning to Employers In South African labour law, employers often focus heavily on what an employee did wrong. Theft, insubordination, and absenteeism — these are seen as the core of the case; however, time and again, disputes before the CCMA remind us of a critical truth: The strength […]
Misconduct vs Incapacity: Why Employers Keep Getting This Wrong
Misconduct vs Incapacity: Why Employers Keep Getting This Wrong One of the most common mistakes we see in the workplace is how employers deal with poor performance. An employee who makes repeated mistakes, targets aren’t being met, or work quality is slipping, the immediate response is to take disciplinary action. On the surface, that seems […]
Rushed Disciplinary Hearings: Why Employers Lose Cases They Should Win
Rushed Disciplinary Hearings: Why Employers Lose Cases They Should Win In many workplaces, disciplinary hearings are treated as a formality, a step that must be completed as quickly as possible in order to justify a dismissal. The facts appear clear, the outcome seems obvious, and there is pressure to act swiftly. As a result, hearings […]
Termination of Fixed-Term Contracts During Probation – How Does It Work?
Termination of Fixed-Term Contracts During Probation – How Does It Work? Today`s off-the-desk is based on the termination of fixed-term contracts during the probation period. Recently, I dealt with a case on the above-mentioned issue. It has become a norm that employers enter into employment contracts (Fixed or Permanent) with a probationary clause for a […]
Can an Employer Refuse an Employee’s Request to Work Remotely?
Can an Employer Refuse an Employee’s Request to Work Remotely? As hybrid and remote work arrangements become more common, employers are increasingly faced with employee requests to work from home — either permanently or on a hybrid basis, but is an employer legally obliged to agree? The short answer is: No — unless there is […]
When Does Misconduct Become “Gross”?
When Does Misconduct Become “Gross”? Recently, I was the Chairperson of a Disciplinary Hearing, and the question that the Accused’s Representative raised was “when does the specific misconduct (dishonesty) become gross in nature, and why?” I, of course, needed to answer this question, and thought it appropriate to write an article on the topic. The […]
The Importance of Effectively Handling Grievances in the Workplace
The Importance of Effectively Handling Grievances in the Workplace In any workplace, disagreements and dissatisfaction are bound to arise – what truly matters is how they’re handled. A grievance isn’t something to fear or avoid; it’s an opportunity to strengthen communication, trust, and fairness within your team. In South Africa, the Code of Good Practice […]
Incompatibility – What is it, and what does it mean?
Incompatibility – What is it, and what does it mean? The issue of incompatibility in the workplace refers to situations where an employee’s approach, attitude, lack of diplomacy, manipulative behaviour, or general inability to foster positive relationships disrupts the working environment. Even if these employees meet their work objectives, their behaviour or conduct may still […]
The Principle of Progressive Discipline, Fairness Before Dismissal
The Principle of Progressive Discipline, Fairness Before Dismissal In the world of employment relations, few topics create more confusion and sometimes conflict than discipline in the workplace. Employers often ask, “When can we dismiss someone?” or “Do we always have to issue warnings first?” The answer lies in one of the cornerstone principles of South […]