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Discipline

How relevant are expired warnings on an employee’s record?

The issue regarding how relevant expired warnings are is always a heated one. Some employers believe that once a warning has lapsed it is to be removed from the employee’s file. There is no provision in either labour legislation or case law that supports this debate.

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When an employee resigns in the face of disciplinary action

It is not uncommon for an employee to resign when he is faced with a disciplinary hearing. But what if he does not resign? Can you offer that the employee resigns instead of undergoing disciplinary action?

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Controlling shop stewards is tough

HR and IR professionals pull their hair out when a shop steward’s activities draw a line manager into assaulting, threatening or otherwise ill-treating the shop steward.

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Fiction becomes reality: The admissibility of recorded telephonic discussions


Employers frequently have questions that in effect are answered by if the evidence, in the particular case, is admissible. Davids v Special Investigation Unit 2011 12 BALR 1275 CCMA is one such case that deals with the admissibility of recorded evidence.


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Back to basics: Rethinking disciplinary hearings

The challenge

South African employment law is perceived by many organisations and companies as being somewhat onerous on employers. However, there is one area where it is the employer who has arguably become its own worst enemy – disciplinary proceedings.

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