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 | Jun 13, 2019 | #UnfairTreatment, CCMA, Employees, Labour Law, Labour Relations Act, Unfair Dismissals
The lodging of complaints by staff cannot be used as grounds for alleging incompatibility or 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 incompatibility, highlighted...
by Ivan Israelstam | May 23, 2019 | #UnfairTreatment, Employees, Labour Law, Labour Relations Act, Unfair Dismissals
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 may include: The employer fears having a criminal at the workplace...
by Ivan Israelstam | Apr 10, 2019 | #UnfairTreatment, CCMA, Corporate, Employees, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
South African labour legislation has been written to protect employees to the detriment of employers. This is despite the fact that section 9(1) of the Bill of Rights contained in the Constitution of South Africa provides that “Everyone is equal before the law and has...
