Johria Van Den Bergh

Johria Van Den Bergh
 Expert  Labour and HR Club

Advocate

Fields of interest:
CCMA Discipline Dismissals Laws / Acts / DoL Policies and procedures
Biography: Johria has an LLB degree from the University of Pretoria and was admitted as an advocate in 2005. She has successfully completed the Advance Labour Law programme at the University of Pretoria in 2007. She has a diploma in alternative dispute resolution from AFSA. She has been involved in labour litigation for 9 years at the Labour Court, the CCMA, the MEIBC and the GPSSBC. She has assisted companies and small businesses in re-evaluating their disciplinary codes, disciplinary procedures and training the staff in the proper application of the disciplinary process especially in light of the new decision in favour of the CCMA, a proper application of the disciplinary process has become a matter of cardinal importance.



Recent activity in the club of user Van Den Bergh Johria

29 answers

Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Employee attitude problem
Hi, This is a difficult situation in any office environment, especially given the time she has been working for the employer. An employee can be dismissed for a "bad attitude" and unsuitability... [read more]
Published at 06 Mar. 2015 Discipline Disiplinary procedure
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question IS THIS GROSS INSUBORDINATION?
Hi, I am going to be as candid as possible. Gross insubordination usually relates to an employee failing and/or refusing to follow proper and specific instructions and then failing to properly... [read more]
Published at 06 Mar. 2015 Discipline Discipline
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Clocking rules
Hi, The penalties will depend on what is stated in the disciplinary code and if there are any penalties contained in this code. Usually salaries depend on the time - sheets provided and the... [read more]
Published at 06 Mar. 2015 Discipline Discipline
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Interviews
Hi, The short answer is maybe. A lot of this depends on your disciplinary code and what constitutes misconduct in accordance with this code. You cannot dismiss an employee for going on an... [read more]
Published at 06 Mar. 2015 Discipline Interview
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Husband abuse
Good day, I am unclear as to what you want to do. Do you want to dismiss her? Claim back the money the company spent on this trip? Either of these two choices could have severe consequences.... [read more]
Published at 06 Mar. 2015 Discipline Performance
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Sick leave
Good day, A lot of what you are allowed to do will depend on the wording of the fixed - term contract. If the contract is about to expire, it is important to communicate the fact that it will not... [read more]
Published at 06 Mar. 2015 Leave Sick leave Chronic illness
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Incapacity hearing
If I read the information provided correctly, then the employee is already on a 3 month fixed term contract. The understanding between the employer and the employee is that if the employee performs... [read more]
Published at 25 Jul. 2014 Performance management Demotion
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Serving Notice
An employee must tender the notice period as contained in his contract, in your nephew's case this would be a 30 day notice period. An employer may waive the notice period, but he must then still pay... [read more]
Published at 25 Jul. 2014 Employment terms and conditions Termination of contract
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Serving Notice
I'm sorry, I cannot see the question. When I find it I shall answer as soon as possible.... [read more]
Published at 25 Jul. 2014 Employment terms and conditions Giving notice
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Serving Notice
I'm sorry, I cannot see the question. When I find it I shall answer as soon as possible.... [read more]
Published at 25 Jul. 2014 Employment terms and conditions Giving notice
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Can you dismiss an employee for a charge he was not initially charged with?
Charges are often added. The question is whether the employee is aware of the incident the new charge relates to. In this instance, the employee was well aware of what the new charge relates to - the... [read more]
Published at 07 Jun. 2014 Discipline Absenteeism Sick leave abuse Abscond from work
Johria Van Den Bergh
 Expert Johria Van Den Bergh answer to the question Labour court cases
It is not necessary that an advocate represent you, but I would point out that the Labour Court is a High Court and that it is important to find an attorney that knows the rules and procedures in the... [read more]
Published at 07 Jun. 2014 Dismissals Automatically unfair dismissal



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