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Misconduct

Species of misconduct: jungle out there, zoo in here

Misconduct can be best described as employees not adhering to the employer's rules and policies and, as a consequence, risking dismissal. This behaviour is normally deliberate and isn't because of circumstances beyond the employee's control. To discipline – and possibly dismiss - an employee for misconduct, you must prove a number of factors.

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Attention HR profession: How to deal with a scapegoat in your company

We've been consulted when there's been a crisis in a workplace (e.g. important clients were offended or the company lost money) but an innocent person has been blamed. It's been our experience – as reported by members of the HR profession - that when this happens, managers run for cover while pointing fingers. Sometimes, the accusing finger is in fact pointed in the right direction but just as often the wrong person's head rolls because the culprits have conspired to scapegoat an easy target. As someone in the HR profession, how would you deal with a situation like this?

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Assault does not always merit dismissal

Assault at the workplace, by one employee on another, is normally seen as very serious misconduct. This is mainly because of the harm that is, or could be, caused to the assault victim and to workplace harmony.

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Guidelines for CCMA commissioners: Misconduct dismissal arbitrations

The Commission for Conciliation, Mediation and Arbitration (CCMA) has published new guidelines on misconduct arbitration. The guidelines are aimed at streamlining the arbitration process to ensure arbitrators are consistent when they make decisions.

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CCMA guidelines on misconduct crucial

Numerous CCMA awards have been successfully reviewed at the Labour Court. This has resulted in the view that the quality of CCMA awards can be improved. This is possibly one reason for the CCMA’s decision to draft its CCMA guidelines: Misconduct Arbitrations in terms of the provisions of the Labour Relation Act (LRA).

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