Misconduct
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Disciplinary Code & Procedure.
Schedule 8 of the Labour Relations Act stipulates in section 3 that “all employers should adopt disciplinary rules that establish the standard of conduct ... -
Difference between trapping and entrapment
Ivan Israelstam I have constantly warned employers that winning at the CCMA is difficult. This is because the employer is the accused at arbitration ... -
Practical guidelines to employers when presenting theft cases before the CCMA
Nadira Deonarain and Yogesh Singh Bowman Gilfillan Attorneys The employer’s approach to dealing with theft in the workplace has been muddied by two recent ... -
Dereliction is a serious offence: know what it is
Ivan Israelstam Dereliction of duty is a charge that is tempting for employers to use, especially when they are angry with the employee concerned. ... -
The Investigation of Misconduct
All allegations of misconduct must be investigated. Allegations of misconduct received anonymously must be ignored. A person bringing a verbal allegation must be instructed ... -
Choose Wisely
The choice of a person to Chair a disciplinary hearing is never an easy task. They are the number of qualities that are highly ... -
Constructive Dismissal
Questions are often asked around constructive dismissal – what is it? Employees relate a certain situation and ask the question “can I claim constructive ... -
Consistency in Disciplinary Matters
A term that is often heard in the context of the application of discipline in the workplace is the word “consistency” or its opposite, ... -
Confused about dispute resolution? Here’s help
Ivan Israelstam The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices ... -
Condonation
Provided by the Commission for conciliation, mediation and Arbitration (CCMA) An employee must refer the dispute to the CCMA within 30 days. If the ...
