Evergreen Content

Dismissal isn't the default outcome of disciplinary action, a lawyer advises

Disciplinary action shouldn't automatically result in dismissal, says specialist labour lawyer Craig Berkowitz.

The state of the trust relationship between the employee and employer is the main factor when deciding if dismissal is appropriate, according to Berkowitz.

Read: The difference between insubordination and insolence (and which gets you fired)

He says the intention of disciplinary action is to determine the facts, establish a timeline and to consider other factors for appropriate sanctions, such as length of service.

Berkowitz adds that employers must always allow employees the opportunity to respond to allegations leveled against them.

Read also: What is constructive dismissal? (and how to prove it)

Many companies favour progressive discipline, a process which opts for corrective responses for employees instead of dismissal, he says.

Berkowitz explains that CCMA arbitration and a review application at the Labour Court are final options for dismissed employees.

Read more: Stories about horrible bosses (and how to handle workplace bullying)

It's incorrect to preconceive an outcome of a disciplinary hearing.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

To say that an offence is a dismissible offence is prejudging the outcome.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

It may be that the same sanction warrants a dismissal in certain circumstances, but warrants something lesser than a dismissal in others.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

The ultimate determinant, in deciding whether dismissal is the appropriate sanction or not, is whether the trust relationship has been irreparably broken down.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

You cannot possibly determine a matter before you've heard both sides of the argument.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

Progressive discipline is when you correct behaviour rather than punish behaviour.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

Dismissal doesn't have to be the default position.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

Length of service and an impeccable service record are some of the factors that employers have to consider.

Craig Berkowitz, Specialist Labour Lawyer at Berkowitz Attorneys

The specialist labour lawyer shared his insights and helped callers who phoned in with their personal cases.

Listen to the expert advice during the World of Work feature:


This article first appeared on CapeTalk : Dismissal isn't the default outcome of disciplinary action, a lawyer advises


Recommended

by NEWSROOM AI
Read More
Stories about horrible bosses (and how to handle workplace bullying)

Stories about horrible bosses (and how to handle workplace bullying)

Tales of workplace bullying: from wrongful misconduct charges, to being targeted over of body weight, and dismissal via WhatsApp.

The difference between insubordination and insolence (and which gets you fired)

The difference between insubordination and insolence (and which gets you fired)

Labour law specialist Melanie Hart explores insubordinate and insolent behaviour in the workplace, and the consequences thereof.

Why a diverse workplace matters

Why a diverse workplace matters

Recruitment guru Frances Kazan says diversity has the ability to boost an organisation's customer satisfaction and bottom line.

What is constructive dismissal? (and how to prove it)

What is constructive dismissal? (and how to prove it)

Employers and employees get confused about what constitutes a constructive dismissal. Labour lawyer Natasha Moni dives in deep.

Tips on how to ensure that your career is on the right track

Tips on how to ensure that your career is on the right track

Career pathing requires people to take an honest look at their career goals, skills, knowledge, experience, and personal traits.

Retrenchment 101: What the law says about companies making job cuts

Retrenchment 101: What the law says about companies making job cuts

If you receive a notice of contemplating retrenchment from your employer, this does not mean that a final decision has been made.

Popular articles
[LISTEN] Opinion: 'Thuma Mina dares not fail'

[LISTEN] Opinion: 'Thuma Mina dares not fail'

Breakfast Show host Bongani Bingwa says skeptics are right to question whether Ramaphosa will succeed in his mandate as president.

[LISTEN] New Visa regulations could change the face of South African tourism

[LISTEN] New Visa regulations could change the face of South African tourism

Lecturer at TUT's Dept of Tourism, Unathi Henama says that the tourism sector is at the center of the economic policies in SA.

'My hubby is 75 and we still do it' - stories about sex on the other side of 50

'My hubby is 75 and we still do it' - stories about sex on the other side of 50

Is biology putting the brakes on your sexuality? Callers share their experiences of sex and growing older.

How to get rich by investing in smoking hot US and Canadian dagga shares

How to get rich by investing in smoking hot US and Canadian dagga shares

Returns of 500% are not unheard of. Is this another crypto-like bubble? Not in the least, says Financial Advisor Warren Ingram.

DStv Premium on a downward spiral, warns tech guru

DStv Premium on a downward spiral, warns tech guru

DStv has lost about 140 000 Premium subscribers to Netflix over the past two years, tech expert Arthur Goldstuck.

'Fasting is one of the most powerful tools for healing'

'Fasting is one of the most powerful tools for healing'

Nutritional Scientist and Founder of Life Science Clinic Dr Charlotte Prout-Jones chats to Azania about the benefits of fasting.

Who is Advocate Tembeka Ngcukaitobi?

Who is Advocate Tembeka Ngcukaitobi?

The EFF lawyer stole the show during the state capture report court battle.

What Heritage Day means to South Africans

What Heritage Day means to South Africans

Stephen Grootes discusses what Heritage Day means to South Africans and whether as south Africans do we have a common heritage.