CCMA
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To Discipline or to Counsel?
To Discipline or to Counsel? There still seems to exist grey areas in deciding whether to apply a disciplinary procedure or a counseling procedure. ... -
There is recourse, if unhappy with CCMA ruling
Ivan Israelstam Where a party at the CCMA or bargaining council is unhappy with the award or ruling of an arbitrator he or she ... -
There are ways around an arbitration award
Ivan Israelstam The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned ... -
Take note: discrimination is not always unfair
Ivan Israelstam Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds, including race, sex, disability, age ... -
Tackling grey areas of fair and unfair discipline
Ivan Israelstam Section 186(2) of the Labour Relations Act (LRA) defines “Unfair labour Practice” as “any unfair act or omission that arises between an ... -
Substantive Fairness in Dismissals
We receive numbers of enquiries from employers wanting to know what is meant by “substantive fairness” and how does the Chairperson of a hearing ... -
Steps for referring disputes at the CCMA
Steps for referring Disputes at the CCMA Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) Step 1: If you have a labour ... -
Staying well within the letter of the law
All dismissals must be conducted according to fair labour procedure Ivan Israelstam The drafters of the Labour Relations Act of 1995 (LRA) expressly provided ... -
Speedier dispute resolution process called con-arb
The CCMA is constantly overloaded with cases, most of them unfair dismissals Ivan Israelstam When employers and employees receive notices to attend a hearing ... -
Substantive Fairness
Substantive fairness By Nicolene Erasmus Introduction: substantive fairness Misconduct is one of three grounds recognised by the LRA to justify the dismissal of employees. ...
