Question: Is it advisable for an employer to have an internal appeal procedure?
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How important is an internal appeal procedure?
Question: Is it advisable for an employer to have an internal appeal procedure?
Relying on written statements in a disciplinary hearing
Question: May a chairperson in a disciplinary hearing rely only on written statements?
The difference between misconduct and incapacity
Question: An employee makes many mistakes, but it is not clear whether she is unwilling or unable to do the job. Do I treat it as misconduct or incapacity?
Disciplinary Hearings: Is suspicion of theft enough?
Question: There is a strong suspicion of theft, but is there enough evidence to prove it?
How to formulate disciplinary charges
Question: How to formulate disciplinary charges.
Contract for “occasional” employment
Question: I contract with an employee to do occasional work. I use him full time (i.e. 5 days per week) for two months and then just stop calling on him. Can he claim that he has been unfairly dismissed?
Contract of Employment: Lie Detector tests
Question: I am in the security industry. May the contract of employment state that the employee agrees to undergo a lie detector test?
Tea Intervals – Paid or unpaid?
Question: Are tea intervals paid or unpaid?
Annual leave and maternity leave
Question: Does annual leave accrue during maternity leave?
May employers pay a “flat rate”?
Question: Is it permissible to have fixed rate that includes overtime pay, Sunday pay, leave pay, etc?
Public holidays and “other” religious holidays
Question: Do employers have to recognize holidays that are not official public holidays in terms of the Public Holidays Act?
How formal must the Disciplinary Hearing be?
Question: How formal/informal must the disciplinary process be?
Disciplinary Hearings: How to deal with new evidence
Question: How can new evidence that comes up in a disciplinary hearing affect the finding and the sanction?
Disciplinary Hearings: Is a senior employee entitled to legal representation?
Question: Who represents a senior employee?
Dealing with incompatibility or a “bad attitude”
Question: Dealing with incompatibility. What procedures must be followed when someone has a bad attitude or just does not fit in?
Contract of Employment: Flexible working hours
Question: May an employment contract have clause that says ” You will work according to a shift roster for a number of hours that can vary between 10 and 45 hours per week”?
Refusal to work overtime
Question: May an employee be dismissed for refusing to work overtime?
Contract of Employment: Change to Working hours
Question: Would the following clause in the employment contract be valid: “Your hours of work can be changed, provided you are given 12 hours notice of such change”?








