by Ivan Israelstam | Nov 8, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience, this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects management that is either...
by Ivan Israelstam | Oct 17, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Tools
The CCMA has issued a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines are directed at arbitrators presiding over hearings where unfair dismissals due to misconduct are being claimed. The...
by Ivan Israelstam | Oct 14, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government. The old act was considered by the new government and the trade unions as failing to provide sufficient protection for employees. By 1995 South Africa’s new constitution...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law for Employers, Labour Relations Act
Many employers like using ‘dereliction of duty’ as a disciplinary charge when they want to inflict strong punishment on employees because: the phrase ‘dereliction of duty’ has a serious and damaging ring to it; and the penalty for a first offence of gross dereliction...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
At a disciplinary hearing, the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it’s hearsay. This occurs, for example, where the person placing the evidence before the presiding officer is...
