CCMA
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It’s that consistency thing again!!
Employers are often caught out on that very little or most understood thing called consistency. Consistency applies in two ways. It applies to consistency ... -
Is the sanction appropriate?
The chairperson of a disciplinary hearing is often faced with the dilemma of deciding whether or not a dismissal would be appropriate on a ... -
Is Procedure the “letter of the law?
We all know that employers must have a proper Disciplinary Procedure in place – namely, a procedure that is to be followed at disciplinary ... -
Get the power of the CCMA behind you
Lack of awareness or understanding of the Commission for Conciliation, Mediation and Arbitration and its processes can deny the public use of the accessible ... -
Fine line between fair and illegal punishment
Ivan Israelstam When an employer fires an employee for dishonesty, constant late coming, absenteeism, poor work performance or other serious infringement, the intention is ... -
Fairness of dismissal for Operational Requirements
We dealt previously with the fairness of dismissal for misconduct, and for Incapacity – Poor Work Performance, as well as dismissal based on incapacity ... -
Fairness of dismissal for incapacity – ill health
We dealt previously with the fairness of dismissal for misconduct, and for Incapacity – Poor Work Performance. We are now taking a look at ... -
Fairness of dismissal for incapacity
We dealt previously with the fairness of dismissal for misconduct, and we are now taking a look at the fairness of dismissal in cases ... -
Fairness of disciplinary hearings still a problem
Ivan Israelstam Item 60.4 of the draft CCMA Guidelines: Misconduct Arbitrations states that it is not unfair for employers to use third parties such ... -
Expect the unexpected at arbitration
Ivan Israelstam Previously I mentioned that the parties to a labour dispute had the option of referring the dispute to private arbitration. However, where ...








