Boardrooms are not courts: The decriminalised approach to workplace discipline Misconduct is inevitable in every workplace, but not each instance of misconduct is always ...

To Suspend or not to Suspend, that is the Question  In the instance of gross misconduct, an employee’s suspension from the workplace may be ...

Two for one: The splitting of charges in disciplinary notices The criminalisation of our employment law has met the ire of our judiciary. South ...

But the Employee failed a polygraph test!  Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be ...

Interdicting a Disciplinary Inquiry The Labour Court has jurisdiction to interdict any unfair conduct, including disciplinary action. Nonetheless, such intervention should be utilised sparingly ...

The respectability of polygraph evidence, at best, remains an open question, and any litigant seeking to invoke it for any legitimate purpose, must, needs ...

Leave Me Out Of This – Dealing With Employees Who Don’t Want To Testify Neil Coetzer, Partner, Cowan-Harper-Madikizela Attorneys At some point during their ...

Dishonesty and misrepresentation By Jose Jorge, Director and Mbulelo Mango, Candidate Attorney, Employment, Cliffe Dekker Hofmeyr Employment law places a high premium on honesty. ...

Caught on camera: Can employees be disciplined for criminal activities? By Gillian Lumb, Director, Mbulelo Mango, Candidate Attorney, Cliffe Dekker Hofmeyr The recent widespread ...

Common purpose, derivative misconduct & dismissal after Dunlop Neil Coetzer, Partner, Cowan-Harper-Madikizela Attorneys The Constitutional Court recently in NUMSA obo Nganezi & Others v ...