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 | Dec 20, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Due to the fact that there is a lot at stake at a disciplinary enquiry, employees want to have strong representation. The Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states under item 4 that, when an enquiry is...
by Ivan Israelstam | Dec 13, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Suspension
Employees are suspended from duty for different reasons that may include: One form of suspension is a temporary lay-off of employees due to operational circumstances. That is, during retrenchment consultations, either party may suggest temporary layoffs as an...
by Ivan Israelstam | Jun 21, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Labour Relations Act (LRA), in its definition section says that an employee is someone who works for an employer. However, the designers of the LRA failed to define the term ‘employer’. This confuses our understanding of what an employer is and what an employee...
by Ivan Israelstam | Jun 14, 2021 | CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...
