Welcome to Labourlaw Advice

Welcome to Labourlaw Advice

IVAN ISRAELSTAM

CEO OF LABOUR LAW MANAGEMENT CONSULTING

*Over 25 years in the labour law field

*Four years experience as CCMA commissioner

*Author of two labour law books

*Labour law columnist in premier publications

*In demand as speaker at conferences, seminars and on electronic media

LATEST SEMINAR

To enquire about our Cape Town and Durban seminars scheduled for March 2012 on NEW CHANGES AND DANGERS IN LABOUR LAW 2012 please contact Ivan via (011) 888-7944, 0828522973 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

LATEST LABOUR LAW ALERT!

WORKPLACE FRAUD CAN COST MILLIONS

BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Go to: www.labourlawadvice.co.za

Due to the inherent nature of fraud which often involves trickery and deception, large amounts of money can be spirited away without the employer ever becoming aware of it.

To prove fraud it is necessary to show that:

a false representation was made (1) knowingly, (2) without belief in its truth, or (3) recklessly, without concern whether it was true or not.
the employee committed the act for gain. However, such gain would not have to be confined to direct financial advantage.

LATEST LABOUR LAW ARTICLE!

DISCIPLINARY HEARINGS – BE PREPARED

BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Website address: www.labourlawadvice.co.za.

Where an employer fails to bring a disciplinary case properly it is likely that the CCMA’s decision will go against the employer. This is because the employer has the full onus of proving that the employee was guilty and that the misconduct merited dismissal. It is therefore vital that all those responsible for discipline know the following steps:

Assessing the allegations to establish whether they have been brought in good faith or whether the accuser has a hidden agenda
Investigating the circumstances of the alleged incident(s)
Assessing the circumstances leading up to and surrounding the alleged incidents of misconduct
Evaluating the evidence gathered in the investigation to establish whether it constitutes proof or not
Formulating the charges to be brought against the accused at the disciplinary hearing
Establishing who will present the evidence at the disciplinary or arbitration hearing
Deciding which witnesses and other evidence will be used
Preparing questions for the employer’s witnesses
Preparing questions to be used in order to cross-examine the evidence brought by the accused
Preparing a draft closing statement.