Can you be dismissed for arriving late at work? What about consuming alcoholic beverages at work? We will first need to define negligence and gross negligence to ascertain the validity of one’s dismissal.
Defining negligence/gross negligence:
An individual’s conduct is referred to as ‘negligent’ given that:
- The reasonable person would have foreseen the possibility that the particular circumstance might exist or that his conduct might bring about the particular result.
- The reasonable person would have taken steps to guard against such a possibility, and
- The conduct of the accused differed from the conduct expected of the reasonable person
It is therefore clear and evident from the above that there exists a connection between poor work performance and negligence in most cases. Negligence can be viewed from two lenses: either as incapacity or as misconduct, based on the context it takes place.
Categories of misconduct:
Popular instances of misconduct include insubordination, theft, unauthorized absenteeism, consumption of alcoholic beverages on company premises, fraud, embezzlement of the employer’s funds, reporting late for duty, etc. This list is extensive and it varies based on the industry in which an entity trades.
Disciplinary proceedings:
The Labour Relations Act 66 of 1995 instructs employers to use progressive and corrective disciplinary mechanisms to confront issues of misconduct before dismissing the employee.
Under normal circumstances, employers are expected to commence with warnings and only resort to dismissal as a last resort after all avenues have been exhausted.
Should there be no rehabilitation from the employee’s side, the employer is expected to set up a formal disciplinary hearing.
Manzankosi has got you covered.
Are you facing a disciplinary hearing? Are you unhappy about the outcome of the disciplinary hearing? You want to appeal the outcome?
Our team of Legal professionals is here to assist you and ensure your rights as an employee are protected. WhatsApp us on 067 147 2323 / 081 712 1114 or email us on info@manzankosiclc.co.za
