Misconduct
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The CCMA cannot always be at fault
The CCMA cannot always be at fault By Lauren Salt, Senior Associate, Employment, Cliffe Dekker Hofmeyr Who determines the nature of a dispute in ... -
Your social media updates could be costing you a job
Your social media updates could be costing you a job If you’re currently looking for a job, you can be sure that recruiters are ... -
Formal vs informal disciplinary hearings
Formal vs informal disciplinary hearings lvan lsraelstam The drafters of the Labour Relations Act of 1995 (LRA) expressly provided for accused employees to have ... -
CCMA Statement
CCMA Statement: Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) It has become so common to see vulnerable workers who seek the ... -
Tough for labour brokers at arbitration
Ivan Israelstam Employment agencies and labour brokers are referred to in the LRA as “temporary employment services” (TES). Many of these employers have not ... -
Allegations must be backed up
Allegations must be backed up Ivan Israelstam The CCMA deals with over 150 000 cases every year. This is in addition to the thousands ... -
Dereliction of duty charges must be proven
Dereliction of duty charges must be proven Ivan Israelstam Dereliction of duty is a charge that is tempting for employers to use especially when ... -
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 ...
