Misconduct
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You and the CCMA – Has the dispute been properly referred?
You and the CCMA – Has the dispute been properly referred? When the dismissed employee refers a matter to the CCMA for conciliation – ... -
Written records essential in disciplinary cases
Only a formal process ensures a measure of success in dismissals Ivan Israelstam Any dismissal must be preceded by a fair and proper procedure. ... -
Workplace discipline and dismissal
The investigation of misconduct All allegations of misconduct must be investigated. Allegations of misconduct received anonymously must be ignored. A person bringing a verbal ... -
Workplace Discipline – By the book ?
Again this week, e-mail enquiries received have only served to reinforce the great need existing among employers for a proper understanding ( training???) in ... -
Witnesses a critical part of your labour law case
If no one testifies, it could be difficult to convince an arbitrator Ivan Israelstam Regardless of whether one is faced with a court hearing, ... -
Without loopholes, dismissals are thorny
Ivan Israelstam The main purpose of our labour legislation is to protect employees rather than to deal with unemployment or to support employers. For ... -
When you could be courting disaster..
Ivan Israelstam The Labour Relations Act (LRA) provides that “every employee has the right not to be unfairly dismissed; and not to be subjected ... -
When should external counsel be permitted?
When should external counsel be permitted? Ivan Israelstam Item 4 of the Code of Good Practice: Dismissal (the Code), contained in Schedule 8 of ... -
What to do if the Employer refuses to comply with a CCMA award
What to do if the Employer refuses to comply with a CCMA Award The CCMA has made a financial or monetary arbitration award in ... -
What factors constitute constructive dismissal?
Ivan Israelstam Constructive dismissal means the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a ...
