It is common practice for employers to include restraint of trade clauses in employment contracts to prevent employees who resign from competing with the business of their previous employer. A second common practice is settling labour disputes, such as misconduct disputes, through mutual separation agreements. These agreements terminate the employment relationship between the parties voluntarily and usually contain a clause confirming that the agreement is a full and final settlement of all...

As an employer, maintaining a harmonious and productive workplace is essential for the success of your business. Unfortunately, there may be times when misconduct occurs, and you find yourself in the dark about who is responsible. This is where polygraph testing can become a potentially valuable tool for employers. Polygraphs can be used during the investigation phase to assist the employer in identifying the misbehaving employee. They may also be used during the subsequent disciplinary...

Several workplace misconducts are also criminal acts. Two of the most apparent ones are theft and assault. When an employee is accused of one of these misconducts, it is common for employers to also lay criminal charges against the employee. This can create a dilemma for the employee, who may be concerned about incriminating themselves in the criminal case by giving evidence during the disciplinary hearing. The result is that employees often insist that workplace discipline be postponed until...

Business owners often struggle with shrinkage, also known as stock loss.  Although shrinkage itself is easy to prove, it is usually difficult to conclusively prove the cause of the shrinkage. Due to this difficulty in proving the guilt of individual employees, employers sometimes charge a group of employees with team misconduct.  With team misconduct, the employer alleges that the blame for the misconduct is shared amongst a group of employees. The legal justification for this...

Introduction There is an increasing trend of employees that resign with immediate effect ignoring their legal obligation to give the employer notice. When an employee resigns, the employer has no choice but to find and train a replacement employee. The purpose of the prescribed notice period is to give the employer the time he needs to arrange a smooth handover process. An employee's resignation without notice may frustrate this process and make the employer feel helpless. The question is,...

In South Africa, employers are legally required to have a disciplinary code. This code sets out the standards of conduct expected of employees and the consequences for breaches of those standards. A well-drafted disciplinary code can help employers to: Create a fair and consistent workplace. By having clear rules and procedures, employers can ensure that all employees are treated fairly, regardless of their position or seniority. This can help to create a more harmonious and productive...