by Ivan Israelstam | Mar 13, 2020 | CCMA, Employees, Labour Law, Labour Law for Employers
It is legally very dangerous for employers to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law. ...
by Ivan Israelstam | Nov 22, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
Angry employers too often fire employees on the spot for having broken workplace rules, or for doing poor work. This is understandable in circumstances where the employee has seriously messed up a business deal, damaged equipment, lost crucial information, committed a...
by Ivan Israelstam | Nov 22, 2019 | CCMA, Employees, Labour Relations Act, Unfair Dismissals
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been...
by Ivan Israelstam | Nov 8, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience, this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects management that is either...
by Ivan Israelstam | Sep 11, 2019 | CCMA, Contracts, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they...
by Ivan Israelstam | Jul 25, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court and bargaining councils deal with approximately 180 000 cases per year and do not have time to waste on dealing with false...
