Article by lvan lsraelstam, Chief Executive of Labour Law Management Consulting
Schedule 8 of the Labour Relations Act (LRA) states that included amongst offences that might merit dismissal for a first offence are wilful endangering of the safety of others and physical assault.
Assault at the workplace is normally seen as serious misconduct because of:
- the harm or potential harm to the victim of the assault
- the potential disruption of workplace harmony
- the potential for the employer to be sued for vicarious liability by the assault victim, and
- the loss of business if the victim of the assault is a client.