Discliplinary Enquiry
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Hearsay evidence can render dismissals unfair
Hearsay evidence can render dismissals unfair Ivan Israelstam When a presiding officer chairs a disciplinary hearing he/she must hear all relevant evidence offered. That ... -
When is dismissal fair?
When is dismissal fair? Ivan Israelstam In the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was ... -
Handling off-site misconduct
Handling off-site misconduct Ivan israelstam While employers have very few rights under the Labour Relations Act (LRA) they do have the right to discipline ... -
Investigating misconduct requires skill
Investigating misconduct requires skill Ivan Israelstam Two common mistakes that employers make on receiving misconduct allegations against employees are: Firstly, they ignore the reports ... -
External pressure does not justify dismissal
External pressure does not justify dismissal Ivan Israelstam Employers need to understand that: Labour law definitely does allow employers to dismiss employees. The CCMA ... -
Witnesses are key at hearings
Witnesses are key at hearings Ivan Israelstam Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing ... -
How and when to suspend employees
How and when to suspend employees Jan du Toit Employers are often faced with situations where a decision must be taken whether an employee ... -
Insubordination not always dismissible
Insubordination not always dismissible Ivan Israelstam The Code of Good Practice: Dismissal (the Code) serves as a guideline for all those presiding over disputes ... -
Misconduct outside work tricky to deal with
Misconduct outside work tricky to deal with Ivan Israelstam While employers have very few rights under the Labour Relations Act (LRA) they do at ... -
You cannot dismiss without following procedure
Ivan Israelstam Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason ...
