by Ivan Israelstam | Feb 13, 2023 | ARBITRATION, CCMA, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing
The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question is made to authorities within or outside of the company/organisation...
by Ivan Israelstam | Nov 26, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South Africa’s labour legislation changes periodically and case law decisions of ten have the effect of changing the law. As management at all levels makes daily decisions affecting the myriad of employee rights, all managers need to be able to take the complex,...
by Ivan Israelstam | Nov 18, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Some time ago I was asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft, but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the...
by Ivan Israelstam | Oct 10, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, GROSS MISCONDUCT, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Labour legislation in South Africa is heavily weighted in favour of employees. The heavy protection of employees against being dismissed makes it very difficult for employers to run efficient workplaces. This in turn compromises the ability of businesses to grow and...
by Ivan Israelstam | Oct 3, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court, and bargaining councils deal with approximately180 000 cases per year and do not have time to waste on dealing with false...
