by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law for Employers, Labour Relations Act
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 offence of gross dereliction...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
At a disciplinary hearing, the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it’s hearsay. This occurs, for example, where the person placing the evidence before the presiding officer is...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Disciplinary Hearing, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
The existing and pending new legislation necessitates that management obtain labour law expertise. In the case of NUFAWSA obo Matiti vs Svencraft cc (2007, 3 BALR 220) the employee, a shop steward was dismissed for dishonest use of sick leave. The arbitrator found...
by Ivan Israelstam | Aug 26, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals
‘One day as I was upon a stair I met a man who wasn’t there He wasn’t there again today I wish that man would go away’ Anonymous Employers rely heavily on the presence at work of their employees in order to get the work done. It is therefore a major source of...
by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
The provisions of the Labour Relations Act (LRA) make the implementation of retrenchment difficult and turns large scale retrenchments into a nightmare for employers. Section 189 of the LRA lays down a number of strict requirements, the breach of which would normally...
by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Brokers, 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...
