dismissal

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For a dismissal to be fair, it needs to be two things:  procedurally fair; substantially fair.  Procedural fairness means the employer followed a fair procedure with regards to notices, warnings, the disciplinary hearing, etc. Substantive fairness means the employer dismissed you for a valid reason.  When determining the sanction following a fair disciplinary hearing (which […]

By Andries Cornelissen B. Proc, Practical Legal Training, Accredited and Certified Mediator, International Accredited and Certified Mediator London School of Mediation, Certified and Accredited Conflict Coach, Practicing Associate: The Association of Arbitrators, Certified and Accredited AHI Representative A polygraph (lie detector) test is uncomfortable, whether you are guilty or not.  Either you agreed to such tests […]

By Andries Cornelissen B. Proc, Practical Legal Training, Accredited and Certified Mediator, International Accredited and Certified Mediator London School of Mediation, Certified and Accredited Conflict Coach, Practicing Associate: The Association of Arbitrators, Certified and Accredited AHI Representative SMME CLIENT NEWSLETTER – AUGUST 2021 EDITION – NEW CASE LAW: DISMISSAL AND DEPRESSION SUMMARY Section 187(1)(f) of the […]

1. There is currently no law specifically regulating polygraph (lie detecting) tests in South Africa! 2. Some employers make use of polygraphs to test the honesty of employees after company property has gone missing or after alleged misconduct. A few employers even request pre-interview polygraph testing! 3. These tests involve electronic sensors placed over the […]