by Ivan Israelstam | May 11, 2021 | CCMA, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
While labour law allows employers to discipline employees who pretend to be ill, the laws also protect genuinely ill, injured, and disabled employees. Firstly, the Basic Conditions of Employment Act entitles ill or injured employees to sick leave of one day’s paid...
by Ivan Israelstam | May 4, 2021 | CCMA, INSTANT RESIGNATIONS, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
The employment of an employee can be terminated by the death of the employee, by his/her retirement, by dismissal, by mutual agreement or at the instance of the employee. Normally, if the employee terminates the employment, he/she does so by retiring or resigning and...
by Ivan Israelstam | Apr 26, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals, Videotape Evidence
During arbitrations held at the CCMA and bargaining councils it is often very difficult for employers to provide sufficient proof that the employee is guilty of the misconduct for which he/she was fired. This difficulty is worsened by the fact that it is the employer...
by Ivan Israelstam | Mar 24, 2021 | Disciplinary Hearing, Labour Law, PRE-ARBITRATION
One of the key pieces of information in a notice summoning you to a labour dispute forum, is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration you will need to prepare...
by Ivan Israelstam | Mar 9, 2021 | CCMA, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS
The legal term ‘prejudice’ has caused some confusion amongst employers and employees because it can be used in several different ways. In fact, the word ‘prejudice’ has four different meanings. In particular, all employers need to understand these meanings in the...
