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
Thandeka Gqubule prepared to fight EFF to the end

Thandeka Gqubule prepared to fight EFF to the end

SABC Journalist and part of the SABC 8 Thandeka Gqubule says she has not had any communication from the EFF.

[LISTEN] 'If you accuse, you must present some sort of preliminary evidence'

[LISTEN] 'If you accuse, you must present some sort of preliminary evidence'

Laywer Tebogo Malatji gives an update on Wednesday's meeting between Minster Pravin Gordhan and PP Busisiwe Mkhwebane.

Discovery Bank takes on Capitec Bank, TymeDigital (Patrice Motsepe), Bank Zero

Discovery Bank takes on Capitec Bank, TymeDigital (Patrice Motsepe), Bank Zero

South Africa has a brand-new bank! The Money Show’s Bruce Whitfield interviews Adrian Gore, Discovery Group CEO.

Callers debate Mashaba arresting a man wheeling cow heads in Joburg CBD

Callers debate Mashaba arresting a man wheeling cow heads in Joburg CBD

Mashaba posted a picture of a man pushing a trolly full of cow heads saying that he had him arrested for an "illegal act".

Signs your child could have diabetes (that most parents can't recognise)

Signs your child could have diabetes (that most parents can't recognise)

Wednesday 14 November marks World Diabetes Day, aiming to raise awareness about both Type 1 and Type 2 diabetes.

SA is falling in love with Telkom Mobile (6.5m users, 50% up on 6 months ago)

SA is falling in love with Telkom Mobile (6.5m users, 50% up on 6 months ago)

The Money Show’s Bruce Whitfield interviews Telkom Group CEO Sipho Maseko.

Self-driving Merc returns to Chapman’s Peak to beat the bends in stirring new ad

Self-driving Merc returns to Chapman’s Peak to beat the bends in stirring new ad

The Money Show’s Bruce Whitfield interviews branding and advertising expert Andy Rice about Merc's stirring new ad.

'I don’t spend much. I drive an old car. I’ve never been in debt'

'I don’t spend much. I drive an old car. I’ve never been in debt'

Bruce Whitfield interviews analyst Chris Gilmour about his attitude toward money (hopes and fears, successes and failures, etc.).

#DataMustFall! Meet Rain CEO Willem Roos... he is making it happen

#DataMustFall! Meet Rain CEO Willem Roos... he is making it happen

The Money Show’s Bruce Whitfield interviews Rain CEO Willem Roos for his weekly “ShapeShifter” feature.