by Ivan Israelstam | Dec 7, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, 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 given...
by Ivan Israelstam | Nov 30, 2015 | CCMA, Corporate, Employees, Job Grading, Labour Law, Labour Law for Employers
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 2, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments, Tools
Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
by Ivan Israelstam | Oct 19, 2015 | CCMA, Labour Law, Labour Law for Employers, Retrenchments, Training
Early last year I informed readers of the CCMA’s decision to draft a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines were implemented in January 2012. The stated purpose of these guidelines is...
by Ivan Israelstam | Oct 12, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
‘NEDLAC’ stands for the National Economic Development and Labour Council. This is a high level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body...
by Ivan Israelstam | Oct 5, 2015 | CCMA, Corporate, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers, Training
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...
