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SLEEPING ON DUTY
Sleeping on duty can very well lead to undergoing the disciplinary hearing procedure - read more at Cape Labour law blogs. BRINGING THE EMPLOYER'S NAME INTO DISREPUTE Employees are duty bound to uphold their employer’s good name and reputation. This may occur, for example, where the employee defames the employer, or makes disparaging remarks about the manner in which it conducts its business. For further information on any labour related matters, you can contact Bernard Reisner: W.Tel no.: 021 423 3959 Fax: 021 423 2105 Cell: 082 433 8714 E-mail: CAPE LABOUR & INDUSTRIAL CONSULTANTS Cape Labour & Industrial Consultants is based in Cape Town. Headed by Bernard Reisner, Cape Labour & Industrial Consultants has provided Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.. Cape Labour is service-orientated and strives to provide its clients with professional labour consultants and cost effective advice ORGANISATIONAL RIGHTS ORGANISATIONAL RIGHTS. The LRA confers four statutory rights on ‘sufficiently representative’ unions. These are the rights of access to employers’ premises, to the deduction and payment of union fees, to elect, utilise and train trade union representatives (shop stewards), and to information. The right of access is granted to all DISMISSAL FOR MISCONDUCT Dismissal For Misconduct. Dismissal for misconduct is said to take place when an employee culpably disregards the rules of the workplace. Most large employers have disciplinary codes which detail the offences deemed to justify dismissal or some lesser sanction. The legislature has also approved a general code for those employers who do not have UIF UNEMPLOYMENT BENEFITS If you have worked for less than 4 years you can claim for the number of credits you have accrued. The benefit rate ranges from 38% for highly paid workers to 60% for the lowest paid workers. The maximum current ceiling to pay contributions is R12, 478.00 per month. For further information on UIF Benefits, you can contact. PARTICULAR DISCIPLINARY OFFENCES PARTICULAR DISCIPLINARY OFFENCES. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Theft is regarded by the labour courts as one of the most serious forms of disciplinary offence, normally justifying dismissal first instance, regardless of the value of the property involved, the GRIEVANCE FORM AND PROCEDURE The HOD or HR Manager shall be required to provide a written response to the grievance on Form 2. If the grievance is not settled to the satisfaction of the employee within five (5) working days, Stage 3 shall be invoked. Stage 3: General Manager or Designated Manager. The grievance form (Form 1) completed at Stage 2 shall be handed in by the RESIGNATION WITH IMMEDIATE EFFECT 3. Sometimes employees resigning with immediate effect. Although resignation is a unilateral act that requires no acceptance by the employer to be effective, summary resignation, and the refusal to work out a notice period, is a breach of contract or a breach of the provisions of the BCEA. 4. EXAMPLES OF AUTOMATIC UNFAIR DISMISSAL Examples of automatic unfair dismissals: – A reported case referred to a fireman subject to sustained racist abuse by colleagues. There was a series of incidents in which the employee was subject to racist abuse. He claimed that he had been unfairly discriminated against and that the employer had done nothing to protect him from racist abuse.SLEEPING ON DUTY
Sleeping on duty can very well lead to undergoing the disciplinary hearing procedure - read more at Cape Labour law blogs. BRINGING THE EMPLOYER'S NAME INTO DISREPUTE Employees are duty bound to uphold their employer’s good name and reputation. This may occur, for example, where the employee defames the employer, or makes disparaging remarks about the manner in which it conducts its business. For further information on any labour related matters, you can contact Bernard Reisner: W.Tel no.: 021 423 3959 Fax: 021 423 2105 Cell: 082 433 8714 E-mail: GRIEVANCE FORM AND PROCEDURE The HOD or HR Manager shall be required to provide a written response to the grievance on Form 2. If the grievance is not settled to the satisfaction of the employee within five (5) working days, Stage 3 shall be invoked. Stage 3: General Manager or Designated Manager. The grievance form (Form 1) completed at Stage 2 shall be handed in by the UIF UNEMPLOYMENT BENEFITS If you have worked for less than 4 years you can claim for the number of credits you have accrued. The benefit rate ranges from 38% for highly paid workers to 60% for the lowest paid workers. The maximum current ceiling to pay contributions is R12, 478.00 per month. For further information on UIF Benefits, you can contact. UIF REGISTRATION FORMS UIF Registration Forms. To register you will need to have your ID number and your domestic worker’s ID number and other details. Form UI 8 D needs to be completed with the employer’s details and the UI19 D form needs to be completed with the domestic worker’sdetails.
CCMA CAPE TOWN
CCMA | Commission for Conciliation Mediation and Arbitration. The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent body established by law to carry out a range of dispute resolution and prevention functions. The CCMA’s vision is to promote social justice and economic growth through the transformation of INCAPACITY HEARING FROM ILLNESS OR INJURY The incapacity hearing must arise from ill health or injury. Ascertaining whether the employee is capable of doing the job. The employer is required to determine the nature and severity of the employee’s incapacity and the employee’s prognosis. Management’s duty is to properly acquaint itself with the employee’s medicalcondition.
ENTITLEMENT TO REPRESENTATION AT THE CCMA A legal representative (an attorney or an article clerk) is not entitled to represent an employee nor an employer at the conciliation stage. There is no automatic right to legal representation at an arbitration hearing, concerning the fairness of a dismissal for misconduct or incapacity. Legal representation may be permitted only when both parties and the Commissioner consent thereto, or REFUSING TO SIGN A WARNING- A DISMISSAL OFFENCE REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused EXAMPLE OF RESIGNATION LETTER What Is a Resignation Letter? A resignation letter signals an employee’s intent to pass on his or her current position currently held. It is a document which is formally advising your employer that you are leaving your job. When writing your resignation letter it is important to keep it brief and simple. HORSEPLAY IN THE WORKPLACE Horseplay can refer to any unsafe act that is caused by an individual and usually it is seen as “it’s all in the name of fun”. These unsafe acts include but are not limited to: Unsafe Acts as a result of fooling around. Horseplay is an activity that usually starts out with harmless intentions. An employee may act on impulse, during SUBMISSION OF FRAUDULENT MEDICAL CERTIFICATE Once an employer has enough proof, substantiated by witnesses, the employer can suspend the employee and issue a notice to attend a disciplinary hearing on the grounds of submitting a fraudulent, false medical certificate to the employer. To prove guilt in a disciplinary hearing the employer must show: • that the medical certificate wasfalse.
CAPE LABOUR & INDUSTRIAL CONSULTANTS Cape Labour & Industrial Consultants is based in Cape Town. Headed by Bernard Reisner, Cape Labour & Industrial Consultants has provided Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.. Cape Labour is service-orientated and strives to provide its clients with professional labour consultants and cost effective advice ORGANISATIONAL RIGHTS ORGANISATIONAL RIGHTS. The LRA confers four statutory rights on ‘sufficiently representative’ unions. These are the rights of access to employers’ premises, to the deduction and payment of union fees, to elect, utilise and train trade union representatives (shop stewards), and to information. The right of access is granted to all APPEAL AGAINST WRITTEN WARNING An employee may lodge a written appeal within a reasonable time period challenging the warning. It should set out what decision is being appealed and the grounds for appeal. 5. If the appeal against the warning fails, the employee is entitled to refer the matter to the CCMA or appropriate Bargaining Council. 6. EXAMPLES OF AUTOMATIC UNFAIR DISMISSAL Examples of automatic unfair dismissals: – A reported case referred to a fireman subject to sustained racist abuse by colleagues. There was a series of incidents in which the employee was subject to racist abuse. He claimed that he had been unfairly discriminated against and that the employer had done nothing to protect him from racist abuse. PARTICULAR DISCIPLINARY OFFENCES PARTICULAR DISCIPLINARY OFFENCES. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Theft is regarded by the labour courts as one of the most serious forms of disciplinary offence, normally justifying dismissal first instance, regardless of the value of the property involved, the CCMA ARBITRATION HEARING: CHECKLIST CCMA ARBITRATION HEARING: CHECKLIST. Ensure that the concept of “proof on the balance of probabilities” is clearly understood. This is the burden (or amount) of proof required for an employee to be found guilty in a fair manner. Put simply, the employer must be able to prove that the employee is probably guilty. Prepare well. HORSEPLAY IN THE WORKPLACE Horseplay can refer to any unsafe act that is caused by an individual and usually it is seen as “it’s all in the name of fun”. These unsafe acts include but are not limited to: Unsafe Acts as a result of fooling around. Horseplay is an activity that usually starts out with harmless intentions. An employee may act on impulse, during ENTITLEMENT TO REPRESENTATION AT THE CCMA A legal representative (an attorney or an article clerk) is not entitled to represent an employee nor an employer at the conciliation stage. There is no automatic right to legal representation at an arbitration hearing, concerning the fairness of a dismissal for misconduct or incapacity. Legal representation may be permitted only when both parties and the Commissioner consent thereto, or REFUSING TO SIGN A WARNING- A DISMISSAL OFFENCE REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused SUBMISSION OF FRAUDULENT MEDICAL CERTIFICATE Once an employer has enough proof, substantiated by witnesses, the employer can suspend the employee and issue a notice to attend a disciplinary hearing on the grounds of submitting a fraudulent, false medical certificate to the employer. To prove guilt in a disciplinary hearing the employer must show: • that the medical certificate wasfalse.
CAPE LABOUR & INDUSTRIAL CONSULTANTS Cape Labour & Industrial Consultants is based in Cape Town. Headed by Bernard Reisner, Cape Labour & Industrial Consultants has provided Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.. Cape Labour is service-orientated and strives to provide its clients with professional labour consultants and cost effective advice ORGANISATIONAL RIGHTS ORGANISATIONAL RIGHTS. The LRA confers four statutory rights on ‘sufficiently representative’ unions. These are the rights of access to employers’ premises, to the deduction and payment of union fees, to elect, utilise and train trade union representatives (shop stewards), and to information. The right of access is granted to all APPEAL AGAINST WRITTEN WARNING An employee may lodge a written appeal within a reasonable time period challenging the warning. It should set out what decision is being appealed and the grounds for appeal. 5. If the appeal against the warning fails, the employee is entitled to refer the matter to the CCMA or appropriate Bargaining Council. 6. EXAMPLES OF AUTOMATIC UNFAIR DISMISSAL Examples of automatic unfair dismissals: – A reported case referred to a fireman subject to sustained racist abuse by colleagues. There was a series of incidents in which the employee was subject to racist abuse. He claimed that he had been unfairly discriminated against and that the employer had done nothing to protect him from racist abuse. PARTICULAR DISCIPLINARY OFFENCES PARTICULAR DISCIPLINARY OFFENCES. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Theft is regarded by the labour courts as one of the most serious forms of disciplinary offence, normally justifying dismissal first instance, regardless of the value of the property involved, the CCMA ARBITRATION HEARING: CHECKLIST CCMA ARBITRATION HEARING: CHECKLIST. Ensure that the concept of “proof on the balance of probabilities” is clearly understood. This is the burden (or amount) of proof required for an employee to be found guilty in a fair manner. Put simply, the employer must be able to prove that the employee is probably guilty. Prepare well. HORSEPLAY IN THE WORKPLACE Horseplay can refer to any unsafe act that is caused by an individual and usually it is seen as “it’s all in the name of fun”. These unsafe acts include but are not limited to: Unsafe Acts as a result of fooling around. Horseplay is an activity that usually starts out with harmless intentions. An employee may act on impulse, during ENTITLEMENT TO REPRESENTATION AT THE CCMA A legal representative (an attorney or an article clerk) is not entitled to represent an employee nor an employer at the conciliation stage. There is no automatic right to legal representation at an arbitration hearing, concerning the fairness of a dismissal for misconduct or incapacity. Legal representation may be permitted only when both parties and the Commissioner consent thereto, or REFUSING TO SIGN A WARNING- A DISMISSAL OFFENCE REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused SUBMISSION OF FRAUDULENT MEDICAL CERTIFICATE Once an employer has enough proof, substantiated by witnesses, the employer can suspend the employee and issue a notice to attend a disciplinary hearing on the grounds of submitting a fraudulent, false medical certificate to the employer. To prove guilt in a disciplinary hearing the employer must show: • that the medical certificate wasfalse.
UIF REGISTRATION FORMS UIF Registration Forms. To register you will need to have your ID number and your domestic worker’s ID number and other details. Form UI 8 D needs to be completed with the employer’s details and the UI19 D form needs to be completed with the domestic worker’sdetails.
UIF UNEMPLOYMENT BENEFITS If you have worked for less than 4 years you can claim for the number of credits you have accrued. The benefit rate ranges from 38% for highly paid workers to 60% for the lowest paid workers. The maximum current ceiling to pay contributions is R12, 478.00 per month. For further information on UIF Benefits, you can contact. DISMISSAL FOR MISCONDUCT Dismissal For Misconduct. Dismissal for misconduct is said to take place when an employee culpably disregards the rules of the workplace. Most large employers have disciplinary codes which detail the offences deemed to justify dismissal or some lesser sanction. The legislature has also approved a general code for those employers who do not have REFUSING TO SIGN A WARNING- A DISMISSAL OFFENCE REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused PARTICULAR DISCIPLINARY OFFENCES PARTICULAR DISCIPLINARY OFFENCES. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Theft is regarded by the labour courts as one of the most serious forms of disciplinary offence, normally justifying dismissal first instance, regardless of the value of the property involved, theCCMA CAPE TOWN
CCMA | Commission for Conciliation Mediation and Arbitration. The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent body established by law to carry out a range of dispute resolution and prevention functions. The CCMA’s vision is to promote social justice and economic growth through the transformation of DISCIPLINARY HEARING PROCEDURE Disciplinary Hearing Procedure. A fair disciplinary hearing procedure generally includes a number of rights that the employee is entitled to – including the right to be given notice of the charges in sufficient detail to enable him to prepare a defence, affording the employee sufficient time in which to prepare a defence, informing him of his right to representation and his right to call DISCIPLINARY HEARING Disciplinary Hearings have become more and more complicated and management are reminded that if an employee requests outside legal representation at the disciplinary hearing, this must be carefully considered at the hearing before a decision is made, either to BRINGING THE EMPLOYER'S NAME INTO DISREPUTE Employees are duty bound to uphold their employer’s good name and reputation. This may occur, for example, where the employee defames the employer, or makes disparaging remarks about the manner in which it conducts its business. For further information on any labour related matters, you can contact Bernard Reisner: W.Tel no.: 021 423 3959 Fax: 021 423 2105 Cell: 082 433 8714 E-mail: SUBMISSION OF FRAUDULENT MEDICAL CERTIFICATE Once an employer has enough proof, substantiated by witnesses, the employer can suspend the employee and issue a notice to attend a disciplinary hearing on the grounds of submitting a fraudulent, false medical certificate to the employer. To prove guilt in a disciplinary hearing the employer must show: • that the medical certificate wasfalse.
CAPE LABOUR & INDUSTRIAL CONSULTANTS Cape Labour & Industrial Consultants is based in Cape Town. Headed by Bernard Reisner, Cape Labour & Industrial Consultants has provided Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.. Cape Labour is service-orientated and strives to provide its clients with professional labour consultants and cost effective advice ORGANISATIONAL RIGHTS ORGANISATIONAL RIGHTS. The LRA confers four statutory rights on ‘sufficiently representative’ unions. These are the rights of access to employers’ premises, to the deduction and payment of union fees, to elect, utilise and train trade union representatives (shop stewards), and to information. The right of access is granted to all APPEAL AGAINST WRITTEN WARNING An employee may lodge a written appeal within a reasonable time period challenging the warning. It should set out what decision is being appealed and the grounds for appeal. 5. If the appeal against the warning fails, the employee is entitled to refer the matter to the CCMA or appropriate Bargaining Council. 6. EXAMPLES OF AUTOMATIC UNFAIR DISMISSAL Examples of automatic unfair dismissals: – A reported case referred to a fireman subject to sustained racist abuse by colleagues. There was a series of incidents in which the employee was subject to racist abuse. He claimed that he had been unfairly discriminated against and that the employer had done nothing to protect him from racist abuse.DRINKING ON DUTY
The rules are clear in that the Disciplinary Code normally does not allow any employee to be under the influence of any drugs or alcohol at the workplace. The rules also normally require the employee to be suspended immediately and for a disciplinary hearing to be held at a later stage. If in fact the employee was shown to be drunk at the PARTICULAR DISCIPLINARY OFFENCES PARTICULAR DISCIPLINARY OFFENCES. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Theft is regarded by the labour courts as one of the most serious forms of disciplinary offence, normally justifying dismissal first instance, regardless of the value of the property involved, the REFUSING TO SIGN A WARNING- A DISMISSAL OFFENCE REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused PRECAUTIONARY SUSPENSION Many employers invoke precautionary suspension in order to allow them both time and space to properly investigate the wrongdoing and to protect themselves against further wrongdoing. The employee is approached and advised of the investigation and advised of the allegations. For the precautionary suspension to be permissible it needs to be shown that the suspension was fair and ENTITLEMENT TO REPRESENTATION AT THE CCMA A legal representative (an attorney or an article clerk) is not entitled to represent an employee nor an employer at the conciliation stage. There is no automatic right to legal representation at an arbitration hearing, concerning the fairness of a dismissal for misconduct or incapacity. Legal representation may be permitted only when both parties and the Commissioner consent thereto, or HORSEPLAY IN THE WORKPLACE Horseplay can refer to any unsafe act that is caused by an individual and usually it is seen as “it’s all in the name of fun”. These unsafe acts include but are not limited to: Unsafe Acts as a result of fooling around. Horseplay is an activity that usually starts out with harmless intentions. An employee may act on impulse, during CAPE LABOUR & INDUSTRIAL CONSULTANTS Cape Labour & Industrial Consultants is based in Cape Town. Headed by Bernard Reisner, Cape Labour & Industrial Consultants has provided Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.. Cape Labour is service-orientated and strives to provide its clients with professional labour consultants and cost effective advice ORGANISATIONAL RIGHTS ORGANISATIONAL RIGHTS. The LRA confers four statutory rights on ‘sufficiently representative’ unions. These are the rights of access to employers’ premises, to the deduction and payment of union fees, to elect, utilise and train trade union representatives (shop stewards), and to information. The right of access is granted to all APPEAL AGAINST WRITTEN WARNING An employee may lodge a written appeal within a reasonable time period challenging the warning. It should set out what decision is being appealed and the grounds for appeal. 5. If the appeal against the warning fails, the employee is entitled to refer the matter to the CCMA or appropriate Bargaining Council. 6. EXAMPLES OF AUTOMATIC UNFAIR DISMISSAL Examples of automatic unfair dismissals: – A reported case referred to a fireman subject to sustained racist abuse by colleagues. There was a series of incidents in which the employee was subject to racist abuse. He claimed that he had been unfairly discriminated against and that the employer had done nothing to protect him from racist abuse.DRINKING ON DUTY
The rules are clear in that the Disciplinary Code normally does not allow any employee to be under the influence of any drugs or alcohol at the workplace. The rules also normally require the employee to be suspended immediately and for a disciplinary hearing to be held at a later stage. If in fact the employee was shown to be drunk at the PARTICULAR DISCIPLINARY OFFENCES PARTICULAR DISCIPLINARY OFFENCES. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Theft is regarded by the labour courts as one of the most serious forms of disciplinary offence, normally justifying dismissal first instance, regardless of the value of the property involved, the REFUSING TO SIGN A WARNING- A DISMISSAL OFFENCE REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused PRECAUTIONARY SUSPENSION Many employers invoke precautionary suspension in order to allow them both time and space to properly investigate the wrongdoing and to protect themselves against further wrongdoing. The employee is approached and advised of the investigation and advised of the allegations. For the precautionary suspension to be permissible it needs to be shown that the suspension was fair and ENTITLEMENT TO REPRESENTATION AT THE CCMA A legal representative (an attorney or an article clerk) is not entitled to represent an employee nor an employer at the conciliation stage. There is no automatic right to legal representation at an arbitration hearing, concerning the fairness of a dismissal for misconduct or incapacity. Legal representation may be permitted only when both parties and the Commissioner consent thereto, or HORSEPLAY IN THE WORKPLACE Horseplay can refer to any unsafe act that is caused by an individual and usually it is seen as “it’s all in the name of fun”. These unsafe acts include but are not limited to: Unsafe Acts as a result of fooling around. Horseplay is an activity that usually starts out with harmless intentions. An employee may act on impulse, duringDRINKING ON DUTY
The rules are clear in that the Disciplinary Code normally does not allow any employee to be under the influence of any drugs or alcohol at the workplace. The rules also normally require the employee to be suspended immediately and for a disciplinary hearing to be held at a later stage. If in fact the employee was shown to be drunk at the DISMISSAL FOR MISCONDUCT Dismissal For Misconduct. Dismissal for misconduct is said to take place when an employee culpably disregards the rules of the workplace. Most large employers have disciplinary codes which detail the offences deemed to justify dismissal or some lesser sanction. The legislature has also approved a general code for those employers who do not have UIF UNEMPLOYMENT BENEFITS If you have worked for less than 4 years you can claim for the number of credits you have accrued. The benefit rate ranges from 38% for highly paid workers to 60% for the lowest paid workers. The maximum current ceiling to pay contributions is R12, 478.00 per month. For further information on UIF Benefits, you can contact. PARTICULAR DISCIPLINARY OFFENCES PARTICULAR DISCIPLINARY OFFENCES. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Theft is regarded by the labour courts as one of the most serious forms of disciplinary offence, normally justifying dismissal first instance, regardless of the value of the property involved, theCCMA CAPE TOWN
CCMA | Commission for Conciliation Mediation and Arbitration. The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent body established by law to carry out a range of dispute resolution and prevention functions. The CCMA’s vision is to promote social justice and economic growth through the transformation of HORSEPLAY IN THE WORKPLACE Horseplay can refer to any unsafe act that is caused by an individual and usually it is seen as “it’s all in the name of fun”. These unsafe acts include but are not limited to: Unsafe Acts as a result of fooling around. Horseplay is an activity that usually starts out with harmless intentions. An employee may act on impulse, during DISCIPLINARY HEARING Disciplinary Hearings have become more and more complicated and management are reminded that if an employee requests outside legal representation at the disciplinary hearing, this must be carefully considered at the hearing before a decision is made, either to PRECAUTIONARY SUSPENSION Many employers invoke precautionary suspension in order to allow them both time and space to properly investigate the wrongdoing and to protect themselves against further wrongdoing. The employee is approached and advised of the investigation and advised of the allegations. For the precautionary suspension to be permissible it needs to be shown that the suspension was fair and BRINGING THE EMPLOYER'S NAME INTO DISREPUTE Employees are duty bound to uphold their employer’s good name and reputation. This may occur, for example, where the employee defames the employer, or makes disparaging remarks about the manner in which it conducts its business. For further information on any labour related matters, you can contact Bernard Reisner: W.Tel no.: 021 423 3959 Fax: 021 423 2105 Cell: 082 433 8714 E-mail: SUBMISSION OF FRAUDULENT MEDICAL CERTIFICATE Once an employer has enough proof, substantiated by witnesses, the employer can suspend the employee and issue a notice to attend a disciplinary hearing on the grounds of submitting a fraudulent, false medical certificate to the employer. To prove guilt in a disciplinary hearing the employer must show: • that the medical certificate wasfalse.
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CAPE LABOUR - LAW CONSULTANTS ------------------------- _CAPE LABOUR_ & Industrial Consultants is based in Cape Town. Headed by Bernard Reisner, Cape Labour & Industrial Consultants has provided LABOUR LAW (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987. Cape Labour is service-orientated and strives to provide its clients with professional LABOUR CONSULTANTS and cost effective advice, both in respect of the applicable laws and of a practical nature in order to present holistic solutions to all Labour related matters. Bernard Reisner combines expertise in his field, and an outstanding knowledge of LABOUR LAW principles and issues, with a superb ability to communicate and meet his clients’ unique needs. As labour consultants, Cape Labour & Industrial Consultants has a unique insight into all aspects of workplace issues and is able to assist his clients with the best possible advice from a legal and practical perspective. ------------------------- CAPE LABOUR - TESTIMONIALS * Hi Bernard, thank you so much! I’m so pleased Craig recommended you, you are so efficient! Thank you again! Cat.CATRIONA MUNRO
* Just a word of sincere thanks for your assistance with our labour issue. You acted as a true professional and guided us in the rightdirection.
LEONARD SMIT
* Thank you for the information on Domestic Workers’ Wage Increase. It will help us and will go a long way in ensuring that all domestic workers are fairly paid. Once again, thank you very much for remembering me. God bless!MEMORY
* Many thanks for keeping me updated with the latest minimum wage increases for domestic workers. It is much appreciated.CYNTHIA YARRINGTON
* Hi Bernard,
Thank you very much. We had the first consultation and all seemed togo well.
Can you please send me your invoice which I will settle upon receipt. Should we require your services further, I will let you know. Thank you again for a professional and prompt service.Regards,
PHILIP NEL
* Dear Bernard
Thank you so much for your prompt and excellent service. I see nothing that needs amendment so will print out for Don and Vivi’s signatures. May I ask a few more questions? Must I give notice to UIF? Is there a specific form to complete, notifying them that Vivi is retiring from our employment? Also, she works for other people on Tuesdays, Thursdays and Fridays. I imagine she will continue working for them. May she claim UIF benefits from the contributions we paid for her? Or must she be absolutely unemployed to get these benefits? Thanks again for your help. Please let me have your invoice banking details and I’ll makepayment.
With best wishes
PATRICIA
* Hi Bernard, thank you so much! I’m so pleased Craig recommended you, you are so efficient! Thank you again! Cat.CATRIONA MUNRO
* Just a word of sincere thanks for your assistance with our labour issue. You acted as a true professional and guided us in the rightdirection.
LEONARD SMIT
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Pay rise for Farm workers, Domestic workers, Expanded Public Works Programme employees and Learnersh. . .Feb 25, 2020
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Domestic workers are currently fighting for the National Minimum Wage that is equal to all other wor. . .Jan 30, 2020
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