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 | Sep 6, 2022 | ARBITRATION, CCMA, CONFLICT OF INTERESTS, 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
Employees who lodge grievances OR CCMA disputes are too often victimized for exercising their rights. Such victimization often takes the form of dismissals for incompatibility. A case in point is the one of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924). Here, the...
by Ivan Israelstam | Sep 9, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
In the mid 1990s the old labour legislation was repealed and replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree...
by Ivan Israelstam | Sep 1, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments, Shop Steward
Common law recognises an employee’s right to look after his/her own interests. However, the law also balances out this right, by stating that it is the employee’s obligation to ensure that the satisfaction of his/her interests does not conflict with those of the...
