Misconduct
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Lapsed warnings and prior disciplinary record – is it all meaningless?
Last week I was in Cape Town presenting a Labour Guide training course. A number of delegates raised the question of lapsed warnings and ... -
Konstruktiewe ontslag
Konstruktiewe ontslag André Claassen Ek ontvang gereeld navrae rakende konstruktiewe ontslag. Dit is nodig dat werknemers besef dat konstruktiewe ontslag sonder enige twyfel een ... -
Konsiliasie/Bemiddeling
Konsiliasie/Bemiddeling André Claassen Ek het in vorige rubrieke verwys na die term “Konsiliasie”. ʼn Konsiliasie verhoor is ʼn proses waar die Kommissaris met die ... -
Knowledge in labour law essential for companies
Managers should be thoroughly trained to handle DC hearings Ivan Israelstam The purpose of workplace disciplinary hearings is to enable the chairperson of the ... -
Whatever reason, double jeopardy is unlawful
Ivan Israelstam In the interests of fairness, arbitrators and judges sometimes depart from the basic principles of law and look at the unique circumstances ... -
It’s that consistency thing again!!
Employers are often caught out on that very little or most understood thing called consistency. Consistency applies in two ways. It applies to consistency ... -
Is the sanction appropriate?
The chairperson of a disciplinary hearing is often faced with the dilemma of deciding whether or not a dismissal would be appropriate on a ... -
Is Procedure the “letter of the law?
We all know that employers must have a proper Disciplinary Procedure in place – namely, a procedure that is to be followed at disciplinary ... -
High qualification needed to chair dismissals
Ivan Israelstam In certain special circumstances employees are entitled to be represented at disciplinary hearings by external people such as trade union officials and ... -
Hearings must be formal, and also fair
Ivan Israelstam Several months ago I cited the case of Ausa obo Melville v SA Airways Technical. In that case the arbitrator quoted the ...
