by Ivan Israelstam | Dec 17, 2020 | CCMA, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers too often fail to ensure that the qualifications submitted by job candidates are genuine. Common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the employee is obliged to: Divulge...
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 | Jul 2, 2020 | CCMA, Labour Court, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
In addition to Corona it is cold and flu season resulting in work falling behind just when businesses are trying to recover from the lockdown. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of...
by Ivan Israelstam | Nov 22, 2019 | CCMA, Employees, Labour Relations Act, Unfair Dismissals
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been...
by Ivan Israelstam | May 23, 2018 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam
If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove that: The employee...
