by Ivan Israelstam | Oct 22, 2016 | CCMA, Labour Law, Labour Law for Employers
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, one view is that a second disciplinary process might be justified if the employer is...
by Ivan Israelstam | Aug 28, 2016 | Labour Law, Labour Law for Employers
Sex related acts not always sexual harassment In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment...
by Ivan Israelstam | Aug 3, 2016 | Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
The August winds are spreading infections amongst and workplace absenteeism is rife. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of working. The Labour Relations Act (LRA) requires that...
by Ivan Israelstam | Jul 27, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Confusion abounds as regards whether employers are required to accept medical certificates from traditional healers. The causes of this confusion are as follows: Firstly, the Traditional Health Practitioners Act No. 22 of 2007 was signed into law in 2008 Secondly, the...
by Ivan Israelstam | Jul 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
The cold wind of strike season is with us again and is causing more chills than the winter weather. The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case...
