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MASERUMULE EMPLOYMENT LAW PODCAST


BY MASERUMULE CORPORATE EMPLOYMENT LAW

Welcome to the "What If" series, where we explore the dynamic and ever-evolving
world of employment law. In each episode, we'll ask a "what if" question that
delves into important employment law topics and provides insights that can help
you navigate the complexities of the workplace.

We will share our knowledge, experience, and practical advice on a range of
employment law issues.

Whether you're an HR professional, a manager, a business owner, or just
interested in employment law, the "What If" series is the podcast for you.


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WHAT IF .... AN EMPLOYER DISMISSES A…


MASERUMULE EMPLOYMENT LAW PODCAST MAY 15, 2023



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00:00
06:16
WHAT IF ... THE EMPLOYER UNDULY DELAYS INSTITUTING DISCIPLINARY PROCEEDINGS
AGAINST AN ALLEGED OFFENDER? WILL THIS COMPROMISE THE FAIRNESS OF THE PROCESS?

One of the main objectives of the Labour Relations Act is to promote the
effective resolution of labour disputes. This begs the question, what happens
when the employer delays instituting disciplinary proceedings against an
employee who is alleged to have committed misconduct? Will this have an impact
on the fairness of the disciplinary process? In this week’s episode we will be
discussing the matter of Mapyane v South African Police Service & Others.
Briefly, Mapyane was employed by the South African Police Service, he held the
position of Major General, and was summoned to a disciplinary hearing during
February 2015 to address five allegations of fraudulent claims dating back to
the period of August 2010 to July 2012, some 3 years later. Mapyane was found to
be guilty by his employer and was summarily dismissed on the 25th of January
2016. Mapyane had challenged his dismissal all the way to the Labour Court where
he alleged that the arbitrators award was unreasonable and irrational. Tune in
to our latest episode to hear what the court has finally decided.
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Feb 12, 202406:34

WHAT IF ... WHAT IF AN EMPLOYEE FACES CRIMINAL CHARGES FOR CONDUCT COMMITTED IN
THE WORKPLACE? CAN THE INTERNAL HEARING OCCUR BEFORE THE CRIMINAL CASE
CONCLUDES?

Misconduct in the workplace may also qualify as criminal offences, with theft,
fraud and assault being prominent examples. In this episode we unpack a recent
decision handed down by the Labour Court of South Africa where it was decided
that employees cannot avoid or delay disciplinary action because of criminal
proceedings. The accused found himself in trouble as he was alleged to have made
certain payments without adhering to his employer’s internal control procedures.
He was charged accordingly. His employer then also put a charge of fraud against
him and simultaneously laid criminal charges too. The employee alleged that the
laying of criminal charges compromised his constitutional right to a fair trial,
furthermore, amid the disciplinary hearing, he was concerned that the evidence
could be used against him at the criminal trial. He therefore approached the
Labour Court on an urgent basis asking the court to postpone the disciplinary
hearing pending the finalisation of any criminal proceedings initiated against
him. Tune in to our latest episode to hear the what the court had finally
decided.
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Jan 30, 202406:36


WHAT IF .... AN EMPLOYER DISMISSES AN INCARCERATED EMPLOYEE? IS THERE A RIGHT TO
A POST DISMISSAL HEARING?

In this episode, we delve into the complex issue of employers' obligations
towards incarcerated employees. Can an employer dismiss an employee who is in
prison? If so, when and why? We explore the concept of operational incapacity
and how it relates to an employee's physical inability to perform their duties.
The episode examines a specific case where an employee was fairly dismissed
based on their incarceration and the need to fill their position. We discuss the
challenges of conducting a fair hearing for an incarcerated employee and whether
a post-dismissal hearing is required after their release. The episode concludes
by highlighting that while an incapacity hearing can be held in the absence of
the employee, it is crucial for the employer to provide the opportunity for the
employee to present their case before making a termination decision. A
post-dismissal hearing is not automatically guaranteed but may be necessary in
certain circumstances to rectify any deficiencies in the initial hearing
conducted without the employee's presence.
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May 15, 202306:16
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