by Ivan Israelstam | Aug 3, 2022 | ABSENCE, ARBITRATION, CCMA, Corporate, COVID-19, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
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...
by Ivan Israelstam | Jul 25, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South Africa’s Constitution gives all accused persons the right to defend themselves. Cross examination is a key tool used for this purpose. It is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it...
by Ivan Israelstam | Jul 18, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede...
by Ivan Israelstam | Jul 11, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Early in 2022 the Daily Maverick reported on a case where an employee was dismissed for refusing to be vaccinated against Covid. In that case Ms Mulderij applied for exemption from the employer’s vaccination policy on the grounds that the Constitution gave her the...
by Ivan Israelstam | Jul 6, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South Africa’s labour legislation was largely conceived by our country’s trade unions. As a result, the statutes heavily protect employees and, in particular, protects the jobs of workers. The Labour Relations Act (LRA) and its Schedule 8 fall short of prohibiting the...
