Tag archives: Misconduct

What rights does an employer have to suspend an employee in Germany?

By Maria Siemens on December 11, 2017 Posted in Europe, Germany

Under German law, an employer can only suspend an employee in certain cases. One of the core obligations of the employment relationship is an obligation on the employer to provide the employee with relevant work to be performed. If it fails to do so without justification, it must nevertheless continue to pay the employee. Notwithstanding … Continue reading

A warning for a slap : is it reasonable ?

By Judicaël Fouquet on June 28, 2016 Posted in Europe, France

Under French employment law, the definition of a disciplinary sanction is broad as it is defined by law as being “any measure, other than a verbal observation, taken by an employer in response to an act of an employee which the employer considers incorrect, whether or not such measure has an immediate effect upon the … Continue reading

A lie in an employee’s resume may lead to a dismissal for gross misconduct

By Judicaël Fouquet on February 1, 2016 Posted in Europe, France

In any recruitment process, it is legitimate for employers to inquire as to the professional skills and experience of candidates for vacant positions. In order to avoid any excess actions on the employers’ part, French employment law provides that the information requested from any candidate may only serve the purpose of assessing his/her ability to … Continue reading

Limits on legal representation at the CCMA valid

By Karen Ainslie (ZA) on October 4, 2013 Posted in South Africa

The rules of the CCMA that limit legal representation in disputes relating to dismissals for misconduct or incapacity (which form the vast majority of disputes referred to the CCMA) are valid and not unconstitutional. The High Court caused considerable controversy late last year when it held that the rules of the CCMA that limit legal … Continue reading