Can an employee be disciplined twice for the same Offence?

Can an employee be disciplined twice for the same Offence?

Double Jeopardy is just such a principle of law where exceptions may need to be made. Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair.

What is the Basic Conditions of employment Act South Africa?

South African immigration legislation stipulate that foreign workers must be remunerated and employed fairly. The Basic Conditions of Employment Act is the yardstick against which this is measured.

What is the Basic Conditions of employment Act of 1997 about?

The Basic Conditions of Employment Act, No 75 of 1997 gives effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member …

What does Section 23 of the Constitution say?

Section 23, the most relevant one here, is entitled “Labour relations” and reads: Everyone has the right to fair labour practices. Every worker has the right to form and join a trade union; to participate in the activities and programmes of a trade union; and to strike.

Is there a time limit for a disciplinary?

There’s also no time limit for disciplinary actions, it should be reasonable. If you decide on dismissal, then inform them as soon as possible in writing including information about their notice period and their right to appeal.

Can you be dismissed for not working overtime?

Overtime is voluntary and employees have the right to refuse. There is at least one case (SEAWUSA v Trident Steel (1986) 7 ILJ 86 (IC)) where the court held that an employer can dismiss employees who persistently and unreasonably refuse to work overtime. That is even if there is no contractual obligation to do so.

Is no work no pay legal?

The principle of no-work, no pay is the basic factor in determining employee wages. This is based on the age-old rule of “a fair day’s wage for a fair day’s work.” If the employee is ready, willing, and able to do work, but is prevented form working, he is paid.

What is the rule of law in the Constitution?

The rule of law exists when a state’s constitution functions as the supreme law of the land, when the statutes enacted and enforced by the government invariably conform to the constitution. no one is above the law, and everyone under the authority of the constitution is obligated equally to obey the law.

What does the Constitution say about equal rights?

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What are automatically unfair grounds for dismissal?

Automatically unfair reasons being pregnant or on maternity leave. wanting to take family leave, for example parental, paternity or adoption leave. being a trade union member or representative. asking for a legal right, for example to be paid the National Minimum Wage.

What makes a dismissal unfair?

In its simplest form, unfair dismissal is when your employment contract is terminated and your employer did not have fair reason to do so. It can also be claimed if your employer did have fair reason but handled your dismissal using the wrong procedure. You are protected by law against both these eventualities.

How much notice does an employer have to give for a disciplinary?

You will be invited to a disciplinary hearing and should be given sufficient time to prepare for it. Less than 48 hours is unlikely to be reasonable notice.

What is the most basic employee right in the workplace?

The Occupational Health and Safety Act entitles all employees to three fundamental rights:

  • The right to know about health and safety matters.
  • The right to participate in decisions that could affect their health and safety.
  • The right to refuse work that could affect their health and safety and that of others.

    Can you refuse work if you feel unsafe?

    All workers have a right to a working environment that protects their health and safety. Occupational health and safety laws across the country, generally speaking, allow an employee to refuse to perform their work when they have reason to believe that their health, or that of other individuals, is in jeopardy.

    Can I work 7 days straight?

    California law provides that employees are entitled to one day’s rest in seven and that no employer shall “cause” an employee to work more than six days in seven. One employee had worked seven consecutive days three times during his employment; the other employee had once worked seven consecutive days.

    What is the no work rule?

    No Work Rule This is a zero-tolerance rule. A furloughed employee can’t so much as make a phone call or answer e-mails. If an hourly employee works while on furlough the employer must pay them for the time worked. As a result, furloughed employees typically have access to work accounts and devices revoked.