by Ivan Israelstam | Jun 26, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
The code of good practice that regulates the conducting of misconduct dismissal arbitrations increases the obligation on commissioners to conduct themselves properly when arbitrating such matters. These guidelines, backed up by the law pave the way for employers and...
by Ivan Israelstam | Jun 20, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
The testimony of witnesses is normally central to the success of any hearing. Therefore, should you fail to bring any witnesses to a CCMA arbitration your chances of winning will be slim. The arbitrator is required by the CCMA’s procedural guidelines to start off by...
by Ivan Israelstam | Jun 12, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
Many dismissals in which we have been involved have been upheld by the CCMA. It is not the firing of employees that the law has a problem with. It is not dismissals that raise the ire of CCMA arbitrators. Instead, it is unfair dismissals that result in the employer...
by Ivan Israelstam | May 31, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
South African law provides heavy protection for pregnant employees and does so via numerous pieces of legislation. Included in this raft of legislation is the BCEA’s Code of Good Practice on The Protection of Employees During Pregnancy And After The Birth Of A Child...
by Ivan Israelstam | May 26, 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. Section 6 of the Employment Equity Act prohibits unfair...
by Ivan Israelstam | May 19, 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. Web Address: www.labourlawadvice.co.za. In 1995 South Africa’s old Labour Relations Act was...
