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ABSENT WITNESS MARS CASE FITNESS

ABSENT WITNESS MARS CASE FITNESS

by Ivan Israelstam | Jun 20, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

The testimony of witnesses is normally central to the success of any hearing. Therefore, should you fail to bring any witnesses to a CCMA arbitration your chances of winning will be slim. The arbitrator is required by the CCMA’s procedural guidelines to start off by...
DON’T DISMISS DUE TO 3RD PARTY PRESSURE

DON’T DISMISS DUE TO 3RD PARTY PRESSURE

by Ivan Israelstam | Jun 12, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

Many dismissals in which we have been involved have been upheld by the CCMA. It is not the firing of employees that the law has a problem with. It is not dismissals that raise the ire of CCMA arbitrators. Instead, it is unfair dismissals that result in the employer...
DON’T MESS WITH PREGNANT EMPLOYEES

DON’T MESS WITH PREGNANT EMPLOYEES

by Ivan Israelstam | May 31, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

South African law provides heavy protection for pregnant employees and does so via numerous pieces of legislation. Included in this raft of legislation is the BCEA’s Code of Good Practice on The Protection of Employees During Pregnancy And After The Birth Of A Child...
SUBSTANCE ADDICTION MUST BE TREATED AS AN ILLNESS

SUBSTANCE ADDICTION MUST BE TREATED AS AN ILLNESS

by Ivan Israelstam | May 26, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. Section 6 of the Employment Equity Act prohibits unfair...
NAVIGATING THE LABOUR RELATIONS RESOLUTION SYSTEM

NAVIGATING THE LABOUR RELATIONS RESOLUTION SYSTEM

by Ivan Israelstam | May 19, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. In 1995 South Africa’s old Labour Relations Act was...
MISCONDUCT INVESTIGATIONS ARE NOT JUST “NICE TO HAVE”

MISCONDUCT INVESTIGATIONS ARE NOT JUST “NICE TO HAVE”

by Ivan Israelstam | May 12, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za.  Web Address: www.labourlawadvice.co.za. Investigation of misconduct allegations is a crucial...
EMPLOYERS CAN DROWN IN THEIR REDUNDANCY POOLS

EMPLOYERS CAN DROWN IN THEIR REDUNDANCY POOLS

by Ivan Israelstam | May 4, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. Due to the fact that some employers are unskilled...
BEWARE OF RETRENCHMENTS FOR POOR PERFORMANCE

BEWARE OF RETRENCHMENTS FOR POOR PERFORMANCE

by Ivan Israelstam | Apr 26, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

BY: Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. The legal procedures that an employer is required to...
INTERDICTS, DISCIPLINARY HEARINGS AND REPRESENTATION

INTERDICTS, DISCIPLINARY HEARINGS AND REPRESENTATION

by Ivan Israelstam | Apr 18, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

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: ivan@labourlawadvice.co.za. Website address: www.labourlawadvice.co.za. Section 158 of the Labour Relations Act (LRA)...
MANAGEMENT SHARES RESPONSIBILITY FOR POOR CONDUCT

MANAGEMENT SHARES RESPONSIBILITY FOR POOR CONDUCT

by Ivan Israelstam | Apr 14, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

BY: Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. Exceptional employees exist who always manage their...
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