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Wrong behaviour

Harassment in the workplace, restraining orders and the Protection From Harassment Act


Employers have a duty to create and maintain a safe working environment for their employees. This includes the duty not to allow one employee to harass another or make it easier for one staff member to harass another. If you, as an employer, don’t take the proper steps against an employee who harasses another employee, you could be facing a harassment lawsuit under the Employment Equity Act (EEA).


Can you discipline an employee while he is on sick leave?

If the employee is genuinely sick, you must postpone the disciplinary enquiry. This is because it is one of the essential prerequisites of fairness and equity that the employee be afforded an opportunity to state his case in response to the allegations brought against him.


Be thoroughly prepared for disciplinary hearings – or get taken to the cleaners by your employees

While acting as a CCMA arbitrator and chairperson of disciplinary hearings, I have noted numerous reasons why employers lose dismissal cases at the CCMA. More often than not, the charges should never have been brought.


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.