Misconduct
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Reach of CCMA goes further than we think
Ivan Israelstam The Supreme Court of Appeal does not allow employers to fire employees at will. The Labour Relations Act gives CCMA commissioners a ... -
Procedural unfairness in disciplinary hearings
Procedural unfairness in disciplinary hearings Employers often find themselves having to pay out money in compensation at the CCMA because of procedural unfairness. This ... -
Procedural guidelines in arbitration cases
Ivan Israelstam Legal procedure makes it immensely difficult for a party at arbitration to win its case without witnesses. For example, should an employer ... -
Procedural defect does not mean all is lost
Often, employers make mistakes when conducting a disciplinary hearing – usually a procedural error of some sort. We are only human, after all – ... -
Presiding officers need knowledge and insight
Disciplinary processes must be both fair and legal Ivan Israelstam When a presiding officer chairs a disciplinary hearing he/she must hear all relevant evidence ... -
Presiding officer must hear all the evidence
Ivan Israelstam The central reason that a presiding officer (PO) attends a disciplinary hearing is to hear and understand the evidence from both sides. ... -
Preparation is essential in arbitration cases
Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. ... -
Preparation for Disciplinary Hearings
It is a fact that more employers lose cases at the CCMA because of poor preparation than for any other reason. Employers must realize ... -
Poligraaf Toetse
Poligraaf Toetse André Claassen ʼn Poligraaf word soms ook ʼn leuenverklikker toets genoem. Poligraaf toetse is ʼn relatiewe nuwe begrip in Suid Afrika, veral ... -
Mixed verdicts on alcohol-related industrial cases
Mixed verdicts on alcohol-related industrial cases Ivan Israelstam An employer recently remarked to me that the time is fast approaching when an employee will ...
