Labour Law Management Consulting | CCMA
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22
Oct

0

CROSS-EXAMINATION IS A RIGHT

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out […]

08
Oct

0

DON’T MISS THE ARBITRATION HEARING!

It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the absence of the employer, for the arbitrator to test the truth of […]

27
Jul

0

SANGOMAS NOT YET REGISTERED TO PROVIDE MEDICAL CERTIFICATES

Confusion abounds as regards whether employers are required to accept medical certificates from traditional healers. The causes of this confusion are as follows: Firstly, the Traditional Health Practitioners Act No. 22 of 2007 was signed into law in 2008 Secondly, the Traditional Health Practitioners Council (THPC) constituted in terms of this Act has already been […]

18
Jul

0

UNPLEASANT CCMA SURPRISES FOR EMPLOYERS

BY   lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web address: www.labourlawadvice.co.za. This article first appeared in The Star. A while ago I received a panic phone call from an employer who had received an unfavourable arbitration award in respect […]

29
Jun

0

FALSE ACCUSATIONS OF RACISM DANGEROUS

Despite South Africa’s employment equity legislation, the biases and discrimination that characterised the ‘old South Africa’ still exists in the hearts and minds of many people. Such unfair discrimination could include, but is not limited to, discrimination on arbitrary or subjective grounds such as race, gender, family responsibility, religion, age, disability, opinion, and trade union […]

01
Jun

0

DEAL CAUTIOUSLY WITH ABSENTEEISM

Ensure that the rights of absent employees are adhered to before dismissing The law considers absenteeism over short periods (a day or two) without leave or without good reason as minor misconduct. However, when even short periods of absence become the norm amongst a workforce this can constitute an extremely serious problem for the employer. […]

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