by Ivan Israelstam | Dec 9, 2022 | Employees, Employment Equity Act, Labour Brokers, Labour Court, Labour Law, Labour Law Debate with Ivan Israelstam, Uncategorised
Since 1995 South African people in leadership positions have talked at NEDLAC about the need for drastic steps toward our economic development. Nearly three decades later, South Africa is so underdeveloped that we have frequent water outages, blackouts for many hours...
by Ivan Israelstam | Nov 30, 2022 | ARBITRATION, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing, Discipline Costs, Dismissal, Uncategorised
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...
by Ivan Israelstam | Nov 26, 2022 | Uncategorised
Our articles over the past years have made it crystal clear that, for an employer, South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes, and determinations that are mainly focused on...
by Ivan Israelstam | Nov 26, 2022 | #UnfairTreatment, ARBITRATION, CONFLICT OF INTERESTS, CROSS-EXAMINATION, EMPLOYEE VICTIMISATION, Labour Law, Labour Law for Employers, Labour Relations Act
A common example of hearsay evidence is where the person placing the evidence before the presiding officer of the disciplinary or arbitration hearing is not the person who witnessed the incident. For instance, the complainant may call the bookkeeper as a witness who...
by Ivan Israelstam | Nov 26, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South Africa’s labour legislation changes periodically and case law decisions of ten have the effect of changing the law. As management at all levels makes daily decisions affecting the myriad of employee rights, all managers need to be able to take the complex,...
