by Ivan Israelstam | Jul 18, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede...
by Ivan Israelstam | Apr 11, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
In my previous article I explained that the New Code of Practice: Managing Exposure To Covid In The Workplace, 2022 requires employers to conduct a special health risk assessment (HRA) and to implement a plan to protect its employees from contracting Covid.This code...
by Ivan Israelstam | Apr 3, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The current state of disaster will lapse on 15 April 2022; and indications are that it will not be renewed. This is indicated by the fact that the Minister of Employment and Labour has issued a new Code of Practice to replace those provisions of the Disaster...
by Ivan Israelstam | Mar 25, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
When an employer instructs an employee temporarily to vacate its premises and to stop performing his/her duties this is called ‘suspension. The effect of a suspension is that the employee is not allowed to return to work until the employer instructs that he/she may do...
by Ivan Israelstam | Mar 21, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers frequently fire employees for legally unacceptable reasons including the following: A junior employee has had disagreements with a favoured senior executive. The manager dislikes the employee for personal reasons. The employee is unwilling to have sex with...
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...
