by Jay Pillay Incorporated | Aug 2018 | Employment Law
You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”. Can you go ahead with disciplining the employee? Until recently the answer was no,...
by Jay Pillay Incorporated | Jun 2018 | Employment Law
A recent Labour Court decision shows how dangerous it is as an employer, when attempting to dismiss an employee, not to draw a clear distinction between misconduct and incapacity. Disciplined for depression An employee, whose track record had originally been an...
by Jay Pillay Incorporated | Jun 2018 | Constitutional Rights, Employment Law
For many years now the “Whistleblower’s Act” (actually the Protected Disclosures Act or “PDA”) has been providing protection to employees who report unlawful or improper conduct by their employers or fellow employees. Recent updates to the PDA have extended protection...