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05
Oct

0

WHEN IS DISMISSAL FAIR?

Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had been repeatedly late for work. When he refused to sign […]

21
Sep

0

HEARSAY EVIDENCE CAN RENDER DISMISSALS UNFAIR

At a disciplinary hearing the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is hearsay evidence. This occurs, for example, where the person placing the evidence before the presiding officer is not the person who witnessed the incident. For instance, the complainant may call the bookkeeper […]

02
Jun

0
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Cross Examination At Disciplinary Hearings

Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is conterntious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought against him/her. Before examining this question it is necessary to look at what is […]

08
Dec

0

JAMES BOND EMPLOYERS FALL FOUL OF PROBATIONARY LAW  

Employers frequently misuse probation agreements to get rid of employees instantly because:  the employee has committed misconduct the employer wants to make space for a friend or cousin of the owner the employee ‘does not fit in’ a manager ‘does not like the employee’s face’ Written by lvan lsraelstam, Chief Executive of Labour Law Management […]

03
Dec

0

ULTERIOR MOTIVES FOR RETRENCHMENTS NOT ON  

While all retrenchments are painful and often devastating for employees it is normal for employers to retrench employees after serious losses have been incurred because the employer cannot afford to pay their salaries. It can also happen that those executives responsible for managing the company are disciplined for allowing the financial losses to occur. However, […]

03
Nov

0

A HUNDRED THOUSAND REASONS TO ACCEPT SEX CHANGES  

Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee on numerous grounds including gender and sex. 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. This article first appeared in […]

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