Labour Law
Compliance Audits
We conduct comprehensive audits to ensure that businesses adhere to all relevant labour laws, regulations, and policies.
The appropriate sanction depends on a variety of factors like the severity of the transgression, the employee’s disciplinary history, and company policies. It will also depend on the nature of the organization and the inherent job requirements of the employee. While consistency and adherence to legislation are important, each case should be evaluated on its own merits. Using a well-defined disciplinary code is essential for addressing employee issues fairly and consistently. To ensure that a disciplinary code is tailored to your organization’s needs, consulting with a professional can offer valuable insights and help create a code that best fits your circumstances.
Yes, a manager can lodge a grievance against a subordinate, but this is typically reserved for serious issues such as harassment (e.g., sexual harassment, racial discrimination, intimidation). Addressing these issues directly may be particularly challenging for a manager due to the sensitive nature of the situations.
For all other categories of misconduct, a manager should be in a position to address and manage disciplinary actions directly. The grievance process provides a formal and impartial means for handling serious concerns and ensuring that all allegations are reviewed fairly and appropriately.
Upon receiving correspondence from the CCMA, it is important to respond promptly and prepare by gathering all relevant documents and evidence. Preparing for a CCMA case can be challenging due to ongoing changes in legislation and the need to stay informed about CCMA rules. It is always advisable to consult with a labour expert for guidance and assistance to navigate the complexities effectively.