by Ivan Israelstam | Feb 13, 2023 | ARBITRATION, CCMA, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question is made to authorities within or outside of the company/organisation...
by Ivan Israelstam | Feb 2, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
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 Employers frequently suspect that serious misconduct has...
by Ivan Israelstam | Nov 30, 2022 | ARBITRATION, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing, Discipline Costs, Dismissal, Uncategorised
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...
by Ivan Israelstam | Nov 26, 2022 | #UnfairTreatment, ARBITRATION, CONFLICT OF INTERESTS, CROSS-EXAMINATION, EMPLOYEE VICTIMISATION, Labour Law, Labour Law for Employers, Labour Relations Act
A common example of hearsay evidence is where the person placing the evidence before the presiding officer of the disciplinary or arbitration hearing is not the person who witnessed the incident. For instance, the complainant may call the bookkeeper as a witness who...
by Ivan Israelstam | Nov 26, 2022 | ARBITRATION, CCMA, Contracts, Corporate, 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 labour legislation changes periodically and case law decisions of ten have the effect of changing the law. As management at all levels makes daily decisions affecting the myriad of employee rights, all managers need to be able to take the complex,...
by Ivan Israelstam | Nov 18, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Some time ago I was asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft, but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the...
