by Ivan Israelstam | Apr 26, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals, Videotape Evidence
During arbitrations held at the CCMA and bargaining councils it is often very difficult for employers to provide sufficient proof that the employee is guilty of the misconduct for which he/she was fired. This difficulty is worsened by the fact that it is the employer...
by Ivan Israelstam | Apr 7, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, UNFAIR LABOUR PRACTICE, Unfair Suspensions
Section 186(2) of the Labour Relations Act (LRA) defines “Unfair labour Practice” as “any unfair act or omission that arises between an employer and an employee involving- unfair conduct by the employer relating to the promotion, demotion, probation (excluding...
by Ivan Israelstam | Mar 30, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, Unfair Suspensions
In criminal law an accused may be found guilty of, and punished for wrongful behaviour, only if that behaviour contravenes a law written into a statute. That is, punishable behaviour is confined to that behaviour specifically prohibited in black and white in one...
by Ivan Israelstam | Mar 17, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
There has been an alarming increase in the number of calls we have received from employers who have retrenched employees and are being taken to the CCMA, bargaining council or Labour Court. With the effect of the Covid lockdown, the uncertainty of the international...
by Ivan Israelstam | Dec 6, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals, Unfair Suspensions
South African labour law requires employers to afford employees numerous procedural rights before being dismissed for misconduct or poor performance. This includes the right to: prepare for the hearing the assistance of a representative an interpreter bring witnesses...
by Ivan Israelstam | Nov 20, 2020 | CCMA, Employees, Employment Contracts, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Tools, Unfair Dismissals
The protection of employees reaches even beyond the actual consummation of the employment contract. That is, the courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet...
