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THE VALIDITY OF PRIOR WARNINGS IS A VEXED ISSUE

THE VALIDITY OF PRIOR WARNINGS IS A VEXED ISSUE

by Ivan Israelstam | Mar 7, 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 A disciplinary warning is an oral or written statement...
FIRING THE LOT COULD PUT YOU IN A SPOT

FIRING THE LOT COULD PUT YOU IN A SPOT

by Ivan Israelstam | Mar 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...
BEWARE OF SUSPENDING EMPLOYEES WITHOUT JUST CAUSE

BEWARE OF SUSPENDING EMPLOYEES WITHOUT JUST CAUSE

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...
EMPLOYEES WHO BLOW THE WHISTLE ARE PROTECTED

EMPLOYEES WHO BLOW THE WHISTLE ARE PROTECTED

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...
FIRING THE LOT COULD PUT YOU IN A SPOT

FIRING THE LOT COULD PUT YOU IN A SPOT

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...
WHEN IS DISMISSAL FAIR?

WHEN IS DISMISSAL FAIR?

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...
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