[L125] WRITTEN WARNING OR DISMISSAL? MISCONDUCT & THE TRUST RELATIONSHIP EXPLAINED - SOUTH AFRICA
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- เผยแพร่เมื่อ 3 ก.ค. 2024
- When does a company have to give you a written warning compared to dismissing you for misconduct. And how long does the written warning last for? According to Schedule 8 of Labour Relations Act CODE OF GOOD PRACTICE: DISMISSAL employers must use progressive discipline. Dismissal should only be used for serious forms of misconduct. The CCMA and the Labour Court will look at whether the trust relationship between the employer and employee has broken down. If it has not broken down, then the dismissal will be unfair.
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CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 What is law on dismissal in South Africa?
00:53 Schedule 8 of Labour Relations Act Code of Good Practice: Dismissal
01:20 Progressive discipline - written warnings and counselling of employees
01:35 Progressive discipline - written warnings and counselling of employees
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act 66 of 1995
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#Labourlawyer #unfairdismissal #ccma
![[L107] How to Prepare for DISCIPLINARY HEARING in South Africa - From Labour LAWYER](http://i.ytimg.com/vi/DUqXLPvrDN8/mqdefault.jpg)
![[L107] How to Prepare for DISCIPLINARY HEARING in South Africa – From Labour LAWYER](/img/tr.png)
Your videos are not only helpful but extremely inspirational . Not only do you give me hope for the case I’m dealing with but also encouraging.
Thank you so much for your comment, Chloe. I am glad the videos are useful.
If you need further assistance or information, please do not hesitate to contact me via our website at Legal Leaders - Moolla Attorneys Inc.
Thank you for posting these videos. They are so helpful.
If a company is understaffed, resources are limited or dysfunctional and staff are barely coping with the workload, and the director keeps throwing more work on their shoulders preventing them from meeting certain deadlines, how is it justified that the director can still issue written warnings for failing to meet company requirements? The company doesn't offer overtime, and without communicating it, the director expects staff to work through tea breaks and lunches, and there is an expectation to finish work outside of working ours without any compensation. In addition to the work they are contracted to do, staff are expected to fulfil duties they are not qualified for and neither are they remunerated for it. If staff communicate that they are having challenges meeting deadlines, the director takes an offense and threatens with more written warnings. Where does the employee stand in such cases?
HI Carmen, thank you for the feedback. A formal internal grievance should be lodged in regard to your situation.
Video on misconduct of leave days. For taking off emergency
Hello Clint
This is your legal right in terms of the Basic Conditions of Employment Act - to take annual leave from work.
However it is a good idea. We will do a video on this.
All the best!
Aslam Moolla
As far as I can ascertain, the onus is on the employer to prove that the trust relationship has been broken, right? Not just to say that it has (or base such a claim on hearsay). If the employer has to prove such, what would be considered proof of broken trust?
Hello Onskosbos
Yes correct - the employer has to prove the breakdown of the trust relationship.
Evidence of breakdown of trust relationship at CCMA is usually witness testimony from the company's side.
Hope you found this helpful
Aslam
Hello sir. Can you please explain how does the Sunday pays.
Cause my case was not even seriously
Can you resign effective immediately before they inform you of Disciplinary hearing
Thank you for your comment, Ashley!
You may resign with immediate effect, but the employer may seek to hold you to your notice period.
If you require further information or assistance, please do not hesitate to contact me via our website at Legal Leaders - Moolla Attorneys Inc.
We look forward to hearing from you!
Hi sir am fired at work because they think I stole the coins but I never did that and no proof for that can I go to claim my uif?
Thank you for your comment, Nompilo!
When your employer terminates your service, you can apply to the Unemployment Insurance Fund (UIF) for benefits.
Please do not hesitate to contact me via our website at Legal Leaders - Moolla Attorneys Inc. for further assistance or information.
Hello sir I'm about to attend disciplinary hearing because on my last day at work idid not attend because on that Sunday when I woke up in the morning my ear was bleeding and painful so ireport on WhatsApp to HR then they got the message,i wasn't be able to go to clinics because they were closed then idid not have chance to get proof paper .on my first day at work I just entered the factory without starting to HR because I told myself I already sent them the message and I don't have proof, then iwas given disciplinary hearing because they say it's hygiene violation that Idid .so now sir can you advice me because idont want to loose my job please sir
If you require further assistance or information, please do not hesitate to get into contact with me via our website: Legal Leaders. We look forward to hearing from you!
Good day.. please explain what dishonesty mitigation means
Dear Marvin
Thank you for your comment.
Dishonesty is generally a serious offence which can seriously impact the trust relationship.
You may be requested to then submit mitigating circumstances as to why should not be dismissed.
Hope this helps!
Aslam Moolla
Attorney
Law@legal-leaders.co.za
@@legalleaderssouthafricanla7309 im not clear on what mitigating circumstances means..
@@marvin-leecamphor
Hello Marvin
This refers to the factors the chairperson must look at to give you a reduced punishment.
But why was I fired ,
Hello Fred,
Have a look at your charge sheet.
Rgds
Aslam Moolla
Attorney
I was unfairly fired , it was so bad
Hi Fred
We sorry to hear this.
Have you referred your case to the CCMA?
Aslam Moolla
Attorney
Law@legal-leaders.co.za
Yes I did , but I want to take it to labour court, I had no lawyer at arbitration so I couldn’t understand the terms, then I failed
@@fredmay6734 Hello Fred - All the best.
If you need to book an appointment with our office - you welcome to contact us.
@@legalleaderssouthafricanla7309 I need to pls help
@@fredmay6734
Hello Fred
We recommend that you book a paid appointment with our office, so that we will be able to go through your case with you.
To book your paid appointment, you welcome to contact us via our office email: law@legal-leaders.co.za
We look forward to speaking with you soon!
Aslam Moolla
Attorney
www.legal-leaders.co.za