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 | Dec 7, 2021 | CCMA, Corporate, Dismissal, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The fact that many CCMA awards have been successfully reviewed at Labour Court places a question mark on the quality of some CCMA awards. This is possibly one reason for the CCMA’s decision to implement its CCMA guidelines: Misconduct Arbitrations in terms of the...
by Ivan Israelstam | Nov 29, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Strikes
Strikes in South Africa are as ‘normal’ as warm weather. However, more recently strikes have occurred less frequently, probably due to the reluctance of unions to weaken the employer and to spark resulting retrenchments. In the light of this partial mindset change the...
by Ivan Israelstam | Nov 22, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, PRESIDING OFFICERS, UNFAIR LABOUR PRACTICE
A fundamental right of employees accused of misconduct or poor performance at disciplinary hearings is for the hearing to be chaired by an impartial presiding officer. This requirement holds true regardless of whether the chairperson is employed by the organisation...
by Ivan Israelstam | Nov 15, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, UNFAIR LABOUR PRACTICE
Even where an employee has taken the life of a colleague, his dismissal is likely to be unfair if the presiding officer has not properly taken significant mitigating circumstances into account. The LRA’s Code of Good Practice: Dismissal (the Code) conditionally allows...
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...
