SNIPPETS - FAQ
Do misconduct transgressions have to be related in nature for the employer to apply progressive discipline?
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Do you need a breathalyser test or similar to prove that someone is under the influence of alcohol / drugs in the workplace?
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Can an employee be disciplined for off-duty misconduct, including social media posts?
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Does an employee’s poor performance require warnings or a PIP (poor performance programme)?
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When can an employer be held vicariously liable for sexual harassment of an employee by a co-worker?
Who must find / provide the evidence if an employee raises a medical defence during a disciplinary enquiry?
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Must a disciplinary charge always correspond to the exact wording in the employer’s disciplinary code?
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Can an employer continue with a disciplinary hearing if the employee has resigned with ‘immediate effect’?
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When and how can an employer change the terms and conditions of its employees?
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When will an employer be exempt from having to pay severance pay to a retrenched employee?
Do I have an equal pay claim against my employer if I earn less than my colleagues doing the same job?
Can an employee be dismissed for refusing to testify as a witness at arbitration proceedings?
Is an employment contract valid if it is not in writing or not signed?
Can a trade union represent an employee at the CCMA even if the employee did not belong to that union previously?
Does an employer have to accept a medical certificate produced by an employee - no questions asked?
Can an employee who is frequently off sick but who brings a medical certificate each time, be dismissed?
What are the consequences of lying about the reason for termination of employment on a UI19 form?
What should I know about appointing an employee on probation?
Does the wording of a disciplinary charge determine what the sanction must be?
Fixed-term contracts: What is a 'legitimate expectation' of renewal?
Can an employee claim age discrimination when an employer enforces their retirement?
Are disciplinary charges limited to those reflected in the employer’s disciplinary code?
Can an employer refuse to accept a resignation? Can an employee withdraw their resignation?
What does an employee’s duty of good faith towards their employer mean?
What can employees do when the employer unilaterally changes their terms and conditions of employment?
Can an employer be held liable for harm caused by others in its workplace?
Why should an employer have a specific policy and procedures for internal whistleblowers?
Can an employer insist on a clean criminal record for employment?
What constitutes dishonest behaviour by an employee?
Freedom of speech - can I say what I want?
What is included/excluded from the National Minimum Wage [South Africa]?
What is 'bumping' in the context of retrenchment [South Africa]?
What is 'duress' in the employment environment?