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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2670
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I have a South African labour law question: I have scheduled

Customer Question

Hi,
I have a South African labour law question: I have scheduled a disciplinary hearing for an employee relating to misconduct issues (dishonesty). However, in the meantime she has also been on sick leave and customers are starting to complain about her absences (she is a child care worker in a creche). I need to communicate to the parents of the children what is happening and what plans I am making to get a teacher to substitute etc. that will create stability in the class.
Am I allowed to mention to the parents that we have a disciplinary hearing pending, without disclosing any of the charges, facts or evidence etc. Just making mention of the fact that a hearing has been scheduled. I am worried that this might be seen as a problem, but I need to be open and honest with the parents (customers) and assure them that we are dealing with issues (even those they don't see), because they need to have confidence in the people they leave their children with.
Please help with your advice on whether it is safe to state that a hearing is pending.
Thanks in advance.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Good afternoon,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

There is no reason why you are not allowed to inform the parents that you are busy with a disciplinary process with the employee.

You are correct that the parents are entitled to certain (limited) information and that it is in the interest of the business that the parents are put at ease regarding the situation at school.

I hope this answered your question.

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Regards