by Ivan Israelstam | Jul 27, 2015 | Uncategorised
Can the employer can discipline an employee twice for the very same incident of misconduct? Under exceptional circumstances a second disciplinary process might be justified if the employer is able to present evidence that: Is new and has therefore not been presented...
by Ivan Israelstam | Jul 20, 2015 | Uncategorised
South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to...
by Ivan Israelstam | Jul 13, 2015 | Uncategorised
The lodging of complaints by staff can be used as grounds neither for alleging incompatibility nor for dismissing employees. In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace...
by Ivan Israelstam | Jul 7, 2015 | Uncategorised
It is inherent in the nature of employment relationships that, as the employer is paying the employee for his services, he/she is obliged to be loyal to the employer and to devote his/her efforts to the interests of the employer. The employee should therefore carry...
by Ivan Israelstam | Jun 29, 2015 | Uncategorised
In order to optomise the corrective effect of discipline it needs to be implemented as swiftly as possible. This does not mean that the disciplinary process must be carried out hastily. It does mean that, psychologically and legally, unnecessary delays must be...
by Ivan Israelstam | Jun 23, 2015 | Uncategorised
Dismissing employees who have been arrested can be dangerous. It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking...
