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14
Aug

0
Labour Law Management Logo

DISMISSING SHOP STEWARDS IS NOT EASY- Not all infractions amount to gross misconduct

BY   Ivan Israelstam, 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. Go to www.labourlawadvice.co.za.     The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant […]

07
Aug

0
Labour Law Management Logo

YOU COULD BE STUCK WITH REINSTATED EMPLOYEES

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Contact him on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za.   When it has been found that an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort That is, […]

31
Jul

0
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DISCIPLINARY CODE A VALUABLE TOOL

BY   Ivan Israelstam, 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. Go to: www.labourlawadvice.co.za.   Labour legislation requires of employers to ensure that their “…standards of conduct are clear and made available to employees in a manner that is easily understood.” Therefore, […]

26
Jun

0

BRIBERY AND CORRUPTION AN EMPLOYER’S NIGHTMARE

With the current behaviour of political leaders, spiralling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving throughout our land. Frequently, it is employees who are involved in practicing corruption or giving or receiving bribes. […]

06
Jun

0

MAKE SURE YOUR EVIDENCE IS RELEVANT

Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was guilty of the offence for which he/she was dismissed. Proof of guilt is […]

07
May

0

THERE ARE ALTERNATIVES TO RETRENCHMENT

The current international and South African climate is causing a large number of companies to experience severe financial difficulties. Customer orders are waning, budgets are being cut, profits are dwindling, cash flows are tightening and it is becoming increasingly difficult to pay creditors and staff salaries. In addition to our economic downturn crime is having […]

07
May

0

CCMA CAN DECIDE RETRENCHMENT PROCEDURE DISPUTES

Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute. However, the amendments gave jurisdiction to the CCMA and bargaining councils to arbitrate retrenchments where: Only one employee had been retrenched; and The employee […]

10
Apr

0

USE EMPLOYEE CONFESSIONS WISELY

It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess he/she is still entitled to a proper hearing Other facts may show the confession to be fals. The employee may not […]

21
Mar

0

PRE-ARBITRATION CAN SPEED UP HEARINGS

One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration this means that you will need to prepare your case […]

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