by Ivan Israelstam | Nov 26, 2022 | #UnfairTreatment, ARBITRATION, CONFLICT OF INTERESTS, CROSS-EXAMINATION, EMPLOYEE VICTIMISATION, Labour Law, Labour Law for Employers, Labour Relations Act
A common example of hearsay evidence is where the person placing the evidence before the presiding officer of the disciplinary or arbitration hearing is not the person who witnessed the incident. For instance, the complainant may call the bookkeeper as a witness who...
by Ivan Israelstam | Nov 26, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South Africa’s labour legislation changes periodically and case law decisions of ten have the effect of changing the law. As management at all levels makes daily decisions affecting the myriad of employee rights, all managers need to be able to take the complex,...
by Ivan Israelstam | Nov 18, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Some time ago I was asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft, but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the...
by Ivan Israelstam | Oct 24, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Many employers like using Dereliction of Duty as a disciplinary charge when they want to inflict strong punishment on employees because: the phrase ‘dereliction of duty has a serious and damaging ring to it; and the penalty for a first offense of gross dereliction of...
by Ivan Israelstam | Oct 17, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Brokers, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the LRA as “temporary employment services” (TES). Many of these employers have not fully realised that the labour laws applying to other employers apply...
by Ivan Israelstam | Oct 10, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, GROSS MISCONDUCT, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Labour legislation in South Africa is heavily weighted in favour of employees. The heavy protection of employees against being dismissed makes it very difficult for employers to run efficient workplaces. This in turn compromises the ability of businesses to grow and...
