by Ivan Israelstam | Feb 23, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted at (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. Angry employers too often fire employees on the spot for...
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 | Oct 19, 2021 | CCMA, Corporate, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The drafters of the Labour Relations Act of 1995 (LRA) expressly provided in the statute for the right of an accused to be heard. That is, section 188 of the LRA states that a dismissal is unfair if the employer fails to prove that it was effected in accordance with a...
by Ivan Israelstam | Aug 3, 2021 | CCMA, Corporate, Disciplinary Charges, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Section 186 of the Labour Relations Act (LRA) gives every employee the right not to be unfairly dismissed or to be subjected to unfair labour practices. Schedule 8 of the LRA provides that “The employee should be entitled to a reasonable time to prepare the...
