Misconduct
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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 ... -
You can’t expect justice if you are not there
With valid reason, default judgments can be reversed Ivan Israelstam Where an employer fails to attend an arbitration hearing the arbitrator is entitled to ... -
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 ...
