You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”. Can you go ahead with disciplining the employee? Until recently the answer was no, the Labour Court having decided in such a matter that immediate resignation brings an […]
“You’re Fired for Misconduct” v “No, I Resign” – Who Wins? Read More »
A recent Labour Court decision shows how dangerous it is as an employer, when attempting to dismiss an employee, not to draw a clear distinction between misconduct and incapacity. Disciplined for depression An employee, whose track record had originally been an excellent one, was charged at a disciplinary enquiry with four charges of misconduct
Depressed and Dismissed – A Hard Lesson for a Hard Employer Read More »
For many years now the “Whistleblower’s Act” (actually the Protected Disclosures Act or “PDA”) has been providing protection to employees who report unlawful or improper conduct by their employers or fellow employees. Recent updates to the PDA have extended protection to independent contractors, consultants, agents and workers employed by labour brokers. There is also a
Whistleblowers: What If Your Disclosure is Factually Wrong? Read More »
“…it cannot be right and proper to reinstate or re-employ a person in a position that was secured by the making of false statements” (Extract from a Labour Appeal Court judgment quoted in the case below) Employees and employers alike should be aware of a recent Labour Court decision which once again underlines the duty
