by Ivan Israelstam | May 19, 2021 | CCMA, Evidence, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct, his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee...
by Ivan Israelstam | May 11, 2021 | CCMA, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
While labour law allows employers to discipline employees who pretend to be ill, the laws also protect genuinely ill, injured, and disabled employees. Firstly, the Basic Conditions of Employment Act entitles ill or injured employees to sick leave of one day’s paid...
by Ivan Israelstam | May 4, 2021 | CCMA, INSTANT RESIGNATIONS, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
The employment of an employee can be terminated by the death of the employee, by his/her retirement, by dismissal, by mutual agreement or at the instance of the employee. Normally, if the employee terminates the employment, he/she does so by retiring or resigning and...
by Ivan Israelstam | Apr 26, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals, Videotape Evidence
During arbitrations held at the CCMA and bargaining councils it is often very difficult for employers to provide sufficient proof that the employee is guilty of the misconduct for which he/she was fired. This difficulty is worsened by the fact that it is the employer...
by Ivan Israelstam | Apr 20, 2021 | CCMA, Employees, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS, Sale of a Business
Due to our country’s economic recession closures of SA businesses are increasing. Perhaps the worst of the negative effects of such closures is the wholesale loss of the jobs involving the employees of the business. Sometimes the struggling company is taken over...
by Ivan Israelstam | Apr 13, 2021 | CCMA, Employees, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess, he/she is still entitled to a proper hearing. ...
by Ivan Israelstam | Apr 7, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, UNFAIR LABOUR PRACTICE, Unfair Suspensions
Section 186(2) of the Labour Relations Act (LRA) defines “Unfair labour Practice” as “any unfair act or omission that arises between an employer and an employee involving- unfair conduct by the employer relating to the promotion, demotion, probation (excluding...
by Ivan Israelstam | Mar 30, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, Unfair Suspensions
In criminal law an accused may be found guilty of, and punished for wrongful behaviour, only if that behaviour contravenes a law written into a statute. That is, punishable behaviour is confined to that behaviour specifically prohibited in black and white in one...
by Ivan Israelstam | Mar 24, 2021 | Disciplinary Hearing, Labour Law, PRE-ARBITRATION
One of the key pieces of information in a notice summoning you to a labour dispute forum, is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration you will need to prepare...
by Ivan Israelstam | Mar 17, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
There has been an alarming increase in the number of calls we have received from employers who have retrenched employees and are being taken to the CCMA, bargaining council or Labour Court. With the effect of the Covid lockdown, the uncertainty of the international...
