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Articles by Nomampondo Banzi
May unpaid suspension be imposed due to an employee’s dilatory conduct during disciplinary proceedings?
There are currently two types of suspension recognised in our law, precautionary and punitive suspensions. Precautionary suspension is implemented as a preventive measure pending an investigation and/or disciplinary proceedings in relation to an employee’s alleged misconduct, during which an employee is paid. Punitive suspension is implemented as a form of punishment further to an employee having been found guilty of misconduct, and an employee is not paid during this type of suspension.
Thinking About Moonlighting Or Having A
The term "moonlighting" refers to the practice of an employee having an extra job or a "side hustle" in addition to their ordinary job, usually without the knowledge of their employer. Typically, the employee will devote extra hours to the "side hustle" after their ordinary working hours and sometimes, depending on the nature of work, during their ordinary working hours.
Can Employers Force Employees To Work Their Notice Period?
When parties conclude a contract, obligations and rights arise. Should one party fail to fulfil their contractual obligations, this constitutes a breach of contract. The aggrieved party then has various remedies available. For instance, they might seek to recover losses resulting from the breach through a damages claim. Importantly, the aggrieved party can also enforce the contract by seeking an order for specific performance against the party in breach.
Is There Space For Suspended Dismissals In Labour Law?
It is well established in South African law that disciplinary policies and codes are guidelines aimed at ensuring fair labour practices. At times, a deviation from the disciplinary policy or code may be condoned as long as the deviation does not compromise procedural and substantive fairness and is not in contravention of existing agreements.
Can An Employee Who Resigns With Immediate Effect Be Held To Their Notice Period And Face Disciplinary Proceedings?
To print this article, all you need is to be registered or login on Mondaq.com. Does an employee's immediate resignation automatically terminate the employment relationship or does the employer have a right to hold the employee to their notice period? Also, can an employer proceed with a disciplinary enquiry against the employee despite their immediate resignation?
Is it possible to refuse employment to a job applicant based on a sexual harassment record? | Lexology
Recent case law has shown that the South African courts are prepared to hold employers liable for conduct amounting to sexual harassment perpetrated by their employees. The basis for such liability arises from two sources. The first is the common law duty imposed on employers to create and maintain a safe working environment free from the danger of being sexually harassed.
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