by Ivan Israelstam | Jul 18, 2018 | Labour Law, Labour Law Debate with Ivan Israelstam, Labour Relations Act
The Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment-related issue. This principle applies whether the problem relates to poor work performance, misconduct, job redundancy or incapacity due to...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law Debate with Ivan Israelstam
The Code Of Good Practice: Dismissal in Schedule 8 makes it clear that, while the disciplinary process can, under certain circumstances, be informal, the employee should nevertheless be told what case he has to meet and be given a proper opportunity to prepare and...
by Ivan Israelstam | Jul 6, 2018 | Employees
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 | 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...
