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Wrong behaviour

Fair disciplinary hearings are not optional

The Labour Relations Act (LRA), via its Code of Good Practice: Dismissal makes it clear that, while the disciplinary process can be informal, the employee should nevertheless be given a proper opportunity to prepare and present his response. While it is not compulsory for the disciplinary hearing to be formal, section 188(1)(b) of the LRA requires the employer must prove that a dismissal was procedurally fair. Also, the code does grant the employee certain procedural rights.

The Labour Relations Act (LRA), via its Code of Good Practice: Dismissal makes it clear that, while the disciplinary process can be informal, the employee should nevertheless be given a proper opportunity to prepare and present his response. While it is not compulsory for the disciplinary hearing to be formal, section 188(1)(b) of the LRA requires the employer must prove that a dismissal was procedurally fair. Also, the code does grant the employee certain procedural rights.

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Sleeping while on duty: Severity and sanction

http://en.wikipedia.org/wiki/Occupational_stress

Few things are as enjoyable or relaxing as a nap when you know you're supposed to be doing something important. However, sleeping while on duty can be grounds for dismissal – just imagine an air traffic controller falling asleep at his desk - this is a dereliction of duty. After all, if you're sleeping, you're negligent as you didn't take the proper precautions to get enough rest to ensure you don't arrive for duty fatigued. How should you treat employees who fall asleep while on duty?

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What constitutes ‘sexual harassment’ in the workplace?

So what would you do if a business colleague, at an off-duty dinner, made inappropriate comments, of a sexual nature, to you? Would this statement merely be an inappropriate comment – or conduct that constitutes sexual harassment? It is interesting to note that the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court (LC) accepted that even though the conduct occurred off-duty, it could still be dealt with as a labour law matter.

So what would you do if a business colleague, at an off-duty dinner, made inappropriate comments, of a sexual nature, to you? Would this statement merely be an inappropriate comment – or conduct that constitutes sexual harassment? It is interesting to note that the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court (LC) accepted that even though the conduct occurred off-duty, it could still be dealt with as a labour law matter.

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Are sexual advances unfair?

http://pixabay.com/p-316125/?no_redirect

After unfair dismissal and unfair labour practices, the third category of unfair conduct by an employer is unfair discrimination. Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds, including race, age, disability, sex and many others. Unfair discrimination can take many forms. For example, if an employee is sexually harassed, this is a form of unfair discrimination based on gender. But what if the employee denies that his/her advances were sexual in nature? In this case, can the employer be made liable for unfair sexual discrimination?

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Ensure that you adhere to disciplinary hearing regulations

In the case of SAMWU obo T Jacobs v City of Cape Town [2014], the Labour Court considered if a disciplinary hearing held outside the time limits prescribed by a collective agreement rendered the disciplinary hearing null and void.

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