Too many employers make the mistake of unnecessarily delaying the charging of employees for misconduct. Failing to discipline employees timeously can be found to be diluting the seriousness of the offence. In addition, the longer the delay between the incident and the charging of the accused, the more likely it will be that important evidence is lost. This is because workplace witnesses might leave the employer or might forget what exactly happened. Also, evidentiary documents and video evidence can be lost. This can result in a serious weakening of the employer’s case.

In the case of IMATU obo Dias (Lex Info, 30 August 2024. Case number C487/2021) Ms Dias was fired for dishonestly bypassing the water meter (on her property) installed by her employer.

However, she was charged five years after he alleged bypass incident, and she flatly denied that it had been she who had bypassed the meter. As the employer was unable to provide proof that she had been the culprit, the Labour Court ordered the employer to reinstate her with full backpay for the period of 4 years that had elapsed from the date of her dismissal.

Tis case highlights the need for employers to understand the importance of speedy and effective investigation of misconduct allegations.

The innovative video series WALKING THE LABOUR LAW TIGHTROPE assists employers to provide their managers with very inexpensive training that allows the managers to achieve the necessary knowhow at times suitable to their very busy schedules. Its 48 chapters, averaging 10 minutes in length each, can easily be watched at junctures when the manager has time. This greatly informative yet very engaging and practical video series provides crucial and user-friendly learning through the use of a stimulating, animated case study that runs throughout the 48-chapter series. Each chapter contains clear and important advice needed by workplace management on the basics of labour law over a very wide range of topics.

A further advantage is that the manager can, for a full year, easily go back to any of the 48 videos for purposes of refresher training or in order to access information on how to deal with a current workplace issue. This solves the problem of managers forgetting what they have learned.

This video series helps management to walk the shaky labour law tightrope and to run the workplace productively without falling into the labour law abyss. 

Written by lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail:ivan@labourlawadvice.co.za. Go to www.labourlawadvice.co.za

To access our groundbreaking video series: WALKING THE NEW LABOUR LAW TIGHTROPE please go to www.labourlawvideos.co.za or contact Ivan