CCMA
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Reasons must be given for arbitrator’s decision
Ivan Israelstam There are few things more disappointing and shocking for an employer or employee than to receive an unfavourable arbitration award after having ... -
Reach of CCMA goes further than we think
Ivan Israelstam The Supreme Court of Appeal does not allow employers to fire employees at will. The Labour Relations Act gives CCMA commissioners a ... -
Procedural guidelines in arbitration cases
Ivan Israelstam Legal procedure makes it immensely difficult for a party at arbitration to win its case without witnesses. For example, should an employer ... -
Preparation is essential in arbitration cases
Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. ... -
Onbillike ontslag: Hoe om ʼn dispuut na die KMVA (CCMA) te verwys
Onbillike ontslag: Hoe om ʼn dispuut na die KMVA (CCMA) te verwys Wat staan ʼn persoon te doen as hy voel dat hy onbillik ... -
New guidelines rule on what is fair dismissal
Ivan Israelstam Item 60.4 of the new CCMA Guidelines: Misconduct Arbitrations (the guidelines) states that it is not unfair for employers to make use ... -
Never underestimate the value of being prepared
Ivan Israelstam I was recently retained by an employer to assist with preparing for a Labour Court review case. The employer had dismissed an ... -
Law has harsh penalties for unfair axing of staff
Ivan Israelstam Labour Relations Act favours re-instatement as the first port of call The CCMA, bargaining council, Labour Court, Labour Appeal Court or private ... -
Konsiliasie/Bemiddeling
Konsiliasie/Bemiddeling André Claassen Ek het in vorige rubrieke verwys na die term “Konsiliasie”. ʼn Konsiliasie verhoor is ʼn proses waar die Kommissaris met die ... -
Whatever reason, double jeopardy is unlawful
Ivan Israelstam In the interests of fairness, arbitrators and judges sometimes depart from the basic principles of law and look at the unique circumstances ...
