Barney Jordaan

In terms of our common law, there is a price that the employer has to pay for being able to issue instructions and exercise control over its employees while the latter are going about their duties.

The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules.

Can an employer discipline an employee for failing or refusing to disclose information about the illegal activities of a colleague?

A black employee falsely accuses a white employee of racism and gets fairly dismissed.

Many employers believe that someone who has been appointed on a fixed-term (or temporary) contract has to be appointed permanently after a certain number of renewals. This is not neccessarily so.

Retrenching employees is no simple matter. A recent Labour Court case has indicated that in the case of large-scale retrenchments, there is even a greater burden on employers than previously thought.

How does an employer introduce changes that are not to the employees’ advantage without damaging the employment relationship or facing legal challenges.

An imprisoned employee is unable to fulfil his or her contractual obligations in terms of the employment contract. But is this a sound basis for dismissing the employee?

It happens from time to time that the employer is unhappy with the outcome of a disciplinary hearing chaired by a line manager or independent outside party. Can the employer nullify the proceedings?

It happens from time to time that the employer is unhappy with the outcome of a disciplinary hearing chaired by a line manager or independent outside party. Can the employer nullify the proceedings?

Stress can render an employee incapable of doing the job. It can also cause regular absenteeism. Where the stress is work-related, however, extra care needs to be taken before considering dismissal.

Just about every person who has access to e-mail has received a joke of a racist or sexual nature. The abuse of e-mail can pose a serious risk to the employer.

A customer lodged a serious complaint against one of my employees. How do I deal with this evidence in a disciplinary hearing?

Much has been said of late about a new decision of the Supreme Court of Appeals dealing with the question whether employees are entitled to legal representation in disciplinary hearings.

Outsourcing is a new buzzword that, on the face of it, holds the promise of flexibility and profitability. But there may be several disadvantages that are not all that obvious.

Poor work performance is often difficult to pin down.Retrenching the employee might seem like an easy way out, but can this be done legally and fairly?

How does one get rid of an employee who does not meet the employer’s expectations? The idea of a fixed-term contract might seem a good solution, but this idea might be flawed!

What must I do if a number of employees are collectively responsible for stock losses? There is a way to resolve this tricky scenario.

Few employment-related problems are as difficult to manage as absenteeism. In some cases disciplinary action can be taken and in other cases a different approach may be indicated.

If your employee comes back from sick leave with a sick note, it does not necessarily mean you have to accept it.