by Ivan Israelstam | Jan 18, 2021 | CCMA, Labour Court, Labour Law, Labour Relations Act
The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer does not want to set a precedent of giving 50% increases...
by Ivan Israelstam | Mar 13, 2020 | CCMA, Employees, Labour Law, Labour Law for Employers
It is legally very dangerous for employers to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law. ...
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 | 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...
by Ivan Israelstam | Nov 6, 2018 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Employers demote employees fairly frequently. This could be for any number of legitimate, and illegitimate, reasons including: The boss dislikes the employee The employee has broken a rule The employee’s work performance is unsatisfactory The boss wants to create a...
